housejournal · would we have seen him as a genius or said that he had everything backwards? after...

HOUSEJOURNALSEVENTY-NINTH LEGISLATURE, REGULAR SESSION

PROCEEDINGS

SIXTY-SIXTH DAY—WEDNESDAY, MAY 11, 2005

The house met at 10 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present(Recordi585).

Present — Mr. Speaker; Allen, A.; Allen, R.; Alonzo; Anchia; Anderson;Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.;Burnam; Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook,B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi;Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler;Elkins; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren;Giddings; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs;Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown;Hartnett; Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson;Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer,B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney;Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall;McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Morrison;Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Pena;Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter;Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons;Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; VanArsdale; Veasey; Vo; West; Wong; Woolley; Zedler.

Absent — Hodge; Villarreal.

The invocation was offered by George Joseph, pastor, St. Elizabeth ’sCatholic Church, Pflugerville, as follows:

If you and I had been casual bystanders some two thousand years ago whenthe Lord walked the face of the Earth, what might we have concluded about whathe went around saying? Would we have called him a prophet or a mad man?Would we have seen him as a genius or said that he had everything backwards?

After all, he taught that the poor and not the rich would inherit the kingdom.He insisted that children and not the clever would possess the key to the greatmystery of heaven. He knelt the night before he died and washed the feet of hisdisciples and assured them that they were his friends and not servants.

Today we are witnessing tensions of all kinds, tensions between families,between races, nations, and between those who have and those who have not.Despite all our efforts to relieve these tensions, there is still much more work to

be done. And this august body has been challenged by your constituencies to

continue the work already accomplished and guide the State of Texas to new

horizons of brotherhood and respect for all.

And with this said, we call upon the Almighty to endow each and every one

of you with the gifts of wisdom, knowledge, and understanding so that you may

lead this great state of ours in justice, integrity, and propriety. And we pray all this

through Christ our Lord. Amen.

The speaker recognized Representative Strama who led the house in the

pledges of allegiance to the United States and Texas flags.

REGULAR ORDER OF BUSINESS SUSPENDED

On motion of Representative Denny and by unanimous consent, the reading

and referral of bills was postponed until just prior to adjournment.

CAPITOL PHYSICIAN

The speaker recognized Representative Merritt who presented Dr. Clark

Langley of Kilgore as the "Doctor for the Day."

The house welcomed Dr. Langley and thanked him for his participation in

the Physician of the Day Program sponsored by the Texas Academy of Family

Physicians.

(Villarreal now present)

HR 1367 - ADOPTED

(by Miller)

Representative Miller moved to suspend all necessary rules to take up and

consider at this time HRi1367.

The motion prevailed.

The following resolution was laid before the house:

HR 1367, Honoring the United States Army III Corps for its long history of

valiant service to this nation.

HR 1367 was read and was adopted.

On motion of Representative Hupp, the names of all the members of the

house were added to HRi1367 as signers thereof.

INTRODUCTION OF GUEST

The speaker recognized Representatives Miller, Hupp, and Delisi who

introduced Lieutenant General Thomas Metz. Lieutenant General Metz briefly

addressed the house.


The speaker recognized Representative Anderson who introduced

Dr.iHenrick Ormel, member of the Netherlands Parliament.

(Swinford in the chair)

3030 79th LEGISLATURE — REGULAR SESSION

HR 1564 - ADOPTED(by Hilderbran)

Representative Hilderbran moved to suspend all necessary rules to take upand consider at this time HRi1564.



HR 1564, Honoring Scott Zesch on the publication and success of his mostrecent work, The Captured: A True Story of Abduction by Indians on the TexasFrontier.


On motion of Representative Hunter, the names of all the members of thehouse were added to HRi1564 as signers thereof.


The chair recognized Representative Hilderbran who introduced ScottZesch.

HR 1550 - ADOPTED(by Goodman)

Representative Goodman moved to suspend all necessary rules to take upand consider at this time HRi1550.



HR 1550, Honoring Marie Marshall of Wichita Falls on her 100th birthday.

HR 1550 was adopted.

HR 1617 - ADOPTED(by Gallego)

Representative Gallego moved to suspend all necessary rules to take up andconsider at this time HRi1617.



HR 1617, Congratulating the Iraan High School boys ’golf team for winningthe 2005 1A state championship.


On motion of Representative Castro, the names of all the members of thehouse were added to HRi1617 as signers thereof.

HR 1618 - ADOPTED(by Gallego)

Representative Gallego moved to suspend all necessary rules to take up andconsider at this time HRi1618.

Wednesday, May 11, 2005 HOUSE JOURNAL — 66th Day 3031



HR 1618, Congratulating the Iraan High School boys ’golf team for winningthe 2004 1A state championship.


On motion of Representative Castro, the names of all the members of thehouse were added to HRi1618 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Gallego who introduced members ofthe boys ’Iraan High School golf team.

HR 1603 - ADOPTED(by R. Allen)

Representative R. Allen moved to suspend all necessary rules to take up andconsider at this time HRi1603.



HR 1603, In memory of Sergeant Gregory Lei Hunter of Grand Prairie.

HR 1603 was read and was unanimously adopted by a rising vote.

On motion of Representative Edwards, the names of all the members of thehouse were added to HRi1603 as signers thereof.

HR 1604 - ADOPTED(by R. Allen)

Representative R. Allen moved to suspend all necessary rules to take up andconsider at this time HRi1604.



HR 1604, Honoring police officer Bruce Seix of Grand Prairie on hisheroism in the line of duty.


On motion of Representative Edwards, the names of all the members of thehouse were added to HRi1604 as signers thereof.

REMARKS ORDERED PRINTED

Representative Gallego moved to print remarks from the memorial sessionfor the Honorable Joe E. Moreno which took place before the house convenedtoday.


[Please refer to the supplement to today ’s journal for the text of thememorial session.]


HCR 150 - ADOPTED

(by Baxter)

Representative Baxter moved to suspend all necessary rules to take up and

consider at this time HCRi150.



HCR 150, Designating July 1, 2005, as Leukemia and Lymphoma

Awareness Day in Texas and congratulating the Leukemia and Lymphoma

Society on the establishment of its Central Texas chapter.

HCR 150 was read and was adopted.

INTRODUCTION OF GUESTS

The chair recognized Representative Baxter who introduced members of the

Central Texas chapter of the Leukemia and Lymphoma Society.

MAJOR STATE CALENDAR

SENATE BILLS

THIRD READING

The following bills were laid before the house and read third time:

SB 15 ON THIRD READING

(Nixon and Rose - House Sponsors)

SB 15, A bill to be entitled An Act relating to civil claims involving

exposure to asbestos and silica.

SBi15 was passed. (In accordance with House Rule 5, Section 51(b), every

member present must have favored passage of the measure, but any member may

register their position with the journal clerk. Members registering votes are as

follows: Jackson recorded voting present, not voting.)

GENERAL STATE CALENDAR

SENATE BILLS

THIRD READING


SB 1593 ON THIRD READING

(Bailey - House Sponsor)

SB 1593, A bill to be entitled An Act relating to uniform law on documents

of title.

SBi1593 was passed. (In accordance with House Rule 5, Section 51(b),

every member present must have favored passage of the measure, but any

member may register their position with the journal clerk. No members registered

their position on this measure.)


SB 1621 ON THIRD READING(Hamric - House Sponsor)

SB 1621, A bill to be entitled An Act relating to the tax rate for emergencyservices districts located in certain populous counties.

SBi1621 was passed. (In accordance with House Rule 5, Section 51(b),every member present must have favored passage of the measure, but anymember may register their position with the journal clerk. No members registeredtheir position on this measure.)

SB 846 ON THIRD READING(Chavez - House Sponsor)

SB 846, A bill to be entitled An Act relating to distribution of recordings onconsignment.

A record vote was requested.

SBi846 was passed by (Record 586): 146 Yeas, 0 Nays, 2 Present, notvoting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter;Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam;Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.;Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny;Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins;Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings;Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen;Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar;Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Howard; Hughes;Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.;King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz;Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds;Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon;Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Pena; Phillips; Pickett; Pitts;Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman;Smith, T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Talton; Taylor;Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West;Wong; Woolley; Zedler.

Present, not voting — Mr. Speaker; Swinford(C).

Absent — Hodge.

SB 1050 ON THIRD READING(Bailey - House Sponsor)

SB 1050, A bill to be entitled An Act relating to the promotional system formunicipal civil service fire fighters.

Amendment No. 1

Representative Harper-Brown offered the following amendment to SBi1050:


Amend SB 1050 on Third Reading by adding an appropriately numberedSECTIONS to read as follows:

SECTION ____. Section 143.027(a), Local Government Code, is amendedto read as follows:

(a) A person appointed to a beginning position in the fire or policedepartment must serve a probationary period of one year beginning on thatperson ’s date of employment as a fire fighter, police officer, or academy trainee.In a municipality with a population less than 1.9 million, the commission by rulemay extend the probationary period by not longer than six months for personswho:

(1) are not employed by a department in which a collective bargainingagreement or meet-and-confer agreement currently exists or previously existed;and

(2) must attend a basic training academy necessary for initialcertification by the Texas Commission on Fire Protection or the Commission onLaw Enforcement Officer Standards and Education.

SECTION ____. Section 143.041(c), Local Government Code, is amendedto read as follows:

(c) In addition to the base salary, each fire fighter or police officer is entitledto each of the following types of pay, if applicable:

(1) longevity or seniority pay;(2) educational incentive pay as authorized by Section 143.044;(3) assignment pay as authorized by Sections 143.042 and 143.043;(4) certification pay as authorized by Section 143.044; [and](5) shift differential pay as authorized by Section 143.047; and(6) fitness incentive pay as authorized by Section 143.044.

SECTION ____. The heading to Section 143.044, Local Government Code,is amended to read as follows:

Sec. 143.044. CERTIFICATION, [AND] EDUCATIONAL INCENTIVE,AND FITNESS INCENTIVE PAY.

SECTION ____. Section 143.044, Local Government Code, is amended byamending Subsection (d) and adding Subsection (e) to read as follows:

(d) If the criteria for fitness incentive pay are clearly established, are inwriting, and are applied equally to each fire fighter or police officer in amunicipality who meets the criteria, the municipality ’s governing body mayauthorize fitness incentive pay for each fire fighter or police officer whosuccessfully meets the criteria.

(e) The certification pay, [and] educational incentive pay, and fitnessincentive pay are in addition to a fire fighter ’s or police officer ’s regular pay.

SECTION ____. The change in law made by this Act to Section143.027(a), Local Government Code, applies only in relation to a person whosedate of employment for purposes of that law is on or after the effective date ofthis Act. A person whose date of employment for purposes of that law is beforethe effective date of this Act is governed by the law in effect immediately beforethe effective date of this Act, and the former law is continued in effect for thatpurpose.


Amendment No. 1 was adopted.

SB 1050, as amended, was passed. (In accordance with House Rule 5,

Section 51(b), every member present must have favored passage of the measure,

but any member may register their position with the journal clerk. No members

registered their position on this measure.)

(Speaker in the chair)

LEAVE OFABSENCE GRANTED

The following member was granted leave of absence for today because of

illness in the family:

Hodge on motion of Deshotel.


SENATE BILLS

SECOND READING

The following bills were laid before the house and read second time:

SB 350 ON SECOND READING

(Woolley - House Sponsor)

SB 350, A bill to be entitled An Act relating to the establishment and use of

a columbarium by a church in certain municipalities.

SBi350 was passed to third reading. (In accordance with House Rule 5,


but any member may register their position with the journal clerk. Members

registering votes are as follows: Leibowitz recorded voting no.)

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

CSHB 1779 ON SECOND READING

(by P. King)

CSHB 1779, A bill to be entitled An Act relating to the continuation,

administration, and operations of the Public Utility Commission of Texas and the

Office of Public Utility Counsel.

CSHB 1779 was read second time on May 5 and was postponed until

10ia.m. today.

Representative P. King moved to postpone consideration of CSHBi1779

until 10 a.m. tomorrow.


HB 295 ON SECOND READING

(by McClendon)

HB 295, A bill to be entitled An Act relating to the removal of a member of

a junior college district board of trustees for failure to attend board meetings.


HB 295 was read second time on April 27 and was postponed until 10 a.m.

today.

HBi295 was passed to engrossment. (In accordance with House Rule 5,





(by Krusee)

CSHB 2705, A bill to be entitled An Act relating to the authority of counties

to issue bonds to construct, maintain, or operate toll or nontoll projects or

facilities on the state highway system.

CSHB 2705 was read second time on May 5 and was postponed until

10ia.m. today.

Representative Krusee moved to postpone consideration of CSHBi2705

until June 1.



(by Chavez, Solis, and Escobar)

HB 2420, A bill to be entitled An Act relating to the allocation of federal

funds directed to be used to support graduate medical education in connection

with the state Medicaid program.

HB 2420 was read second time on May 3, postponed until May 9, and was

again postponed until 10 a.m. today.

Amendment No. 1

Representative Chisum offered the following amendment to HBi2420:

Amend HB 2420 as follows:

(1)iiOn page 1, strike lines 6-8 and substitute the following:

SECTIONi1.iiSection 32.0315(b), Human Resources Code, is amended to

read as follows:

(2)iiStrike page 1, line 9 through page 2, line 9.

(3)iiStrike the last sentence of amended Section 32.0315(b), Human

Resources Code (page 2, lines 16-21), and substitute the following:

In determining the needs of this state for graduate medical education, the

department shall give primary emphasis to graduate medical education in primary

care specialties and shall also recognize the growth in residency training slots

since 1997 in the Lower Rio Grande Valley and other health care shortage areas

of this state.



HB 2420, as amended, was passed to engrossment. (In accordance with

House Rule 5, Section 51(b), every member present must have favored passage

of the measure, but any member may register their position with the journal clerk.

Members registering votes are as follows: Truitt recorded voting no.)


(Miller - House Sponsor)

SB 1309, A bill to be entitled An Act relating to member restrictions for

commissioners of the Texas Workforce Commission.

SB 1309 was considered in lieu of HB 2316.

SBi1309 was read second time and was passed to third reading. (In

accordance with House Rule 5, Section 51(b), every member present must have

favored passage of the measure, but any member may register their position with

the journal clerk. No members registered their position on this measure.)

HB 2316 - LAID ON THE TABLE SUBJECT TO CALL

Representative Miller moved to lay HBi2316 on the table subject to call.


LEAVES OFABSENCE GRANTED

The following members were granted leaves of absence temporarily for

today because of appropriations business:

Kolkhorst on motion of Truitt.

McClendon on motion of Truitt.


(by Turner)

HB 1093, A bill to be entitled An Act relating to the eligibility of certain

inmates of the Texas Department of Criminal Justice for medically recommended

intensive supervision.

HB 1093 was read second time on May 5, postponed until May 9, and was

again postponed until 10 a.m. today.

Representative Turner moved to postpone consideration of HBi1093 until

10 a.m. June 1.


CSSB 1670 ON SECOND READING

(Callegari - House Sponsor)

CSSB 1670, A bill to be entitled An Act relating to a motor vehicle financial

responsibility verification program; providing a penalty.

CSSB 1670 was considered in lieu of CSHB 2573.

CSSBi1670 was read second time.


BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and

resolutions in the presence of the house (see the addendum to the daily journal,

Signed by the Speaker, House List No. 40).

CSSB 1670 - (consideration continued)

Amendment No. 1

Representative Talton offered the following amendment to CSSBi1670:

Amend CSSB 1670 in SECTION 1 of the bill, in added Section 601.453(c),

Transportation Code (House Committee Printing, page 2, line 26), by striking

"10" and substituting "two".


COMMITTEE GRANTED PERMISSION TOMEET

Representative West requested permission for the Committee on Energy

Resources to meet while the house is in session at 12:30 p.m. today, in 3W.9, for

a formal meeting, to consider SB 1032.

Permission to meet was granted.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

Energy Resources, 12:30 p.m. today, 3W.9, for a formal meeting, to consider

SB 1032.

CSSB 1670 - (consideration continued)

Representative Callegari moved to postpone consideration of CSSBi1670

until 1 p.m. today.



(McReynolds - House Sponsor)

SB 1000, A bill to be entitled An Act relating to the regulation of the

practice of nursing.

SB 1000 was considered in lieu of CSHB 3100.





CSHB 3100 - LAID ON THE TABLE SUBJECT TO CALL

Representative McReynolds moved to lay CSHBi3100 on the table subject

to call.



CSSB 1273 ON SECOND READING

(Geren - House Sponsor)

CSSB 1273, A bill to be entitled An Act relating to the establishment of the

Texas farm and ranch lands conservation program.

CSSB 1273 was considered in lieu of CSHB 116.

CSSBi1273 was read second time.

Amendment No. 1

Representative Geren offered the following amendment to CSSBi1273:

Amend CSSB 1273 (House committee printing) as follows:

(1)iiIn SECTION 2 of the bill, in added Section 183.056(c), Natural

Resources Code (page 4, line 25), strike "fund" and substitute "qualified

easement holder".

(2)iiIn SECTION 2 of the bill, at the end of added Section 183.056(c),

Natural Resources Code (page 4, line 27), add:

The qualified easement holder shall pay to the fund any amounts received under

this subsection, not to exceed the amount paid by the fund for the purchase of the

easement.

(3)iiIn SECTION 2 of the bill, strike added Section 183.057(d), Natural

Resources Code (page 6, lines 2-11), and substitute:

(d)iiIf, after making the determination required by Subsection (a), a

department or agency of this state, a county, a municipality, another political

subdivision, or a public utility acquires by eminent domain a fee simple interest

in land encumbered by an agricultural conservation easement purchased under

this subchapter:

(1)iithe easement on the condemned property terminates; and

(2)iithe entity exercising the power of eminent domain shall:

(A)iipay for an appraisal of the fair market value, as that term is

defined by Section 183.056, of the property subject to condemnation;

(B)iipay to the qualified easement holder an amount equal to the

amount paid by the holder for the portion of the easement affecting the property

to be condemned;

(C)iipay to the landowner an amount equal to the fair market value

of the condemned property less the amount paid to the qualified easement holder

under Paragraph (B); and

(D)iipay to the landowner and the qualified easement holder any

additional damages to their interests in the remaining property, as determined by

the special commissioners under Section 21.042, Property Code.

(e)iiIf, after making the determination required by Subsection (a), a

department or agency of this state, a county, a municipality, another political

subdivision, or a public utility acquires by eminent domain an interest other than

a fee simple interest in land encumbered by an agricultural conservation easement

purchased under this subchapter:


(1)iithe entity exercising the power of eminent domain shall pay for an

appraisal of the fair market value, as that term is defined by Section 183.056, of

the property subject to condemnation; and

(2)iithe special commissioners shall consider the fair market value as thevalue of the property for purposes of assessing damages under Section 21.042,

Property Code.

(f)iiThe qualified easement holder shall pay to the fund any amounts

received under Subsections (d) and (e), not to exceed the amount paid by the fund

for the purchase of the easement.

(4)iiIn SECTION 2 of the bill, strike added Section 183.061(a)(2), Natural


(2)iithree ex officio members as follows:(A)iithe commissioner;

(B)iithe presiding officer of the Parks and Wildlife Commission or

the presiding officer ’s designee; and(C)iithe state conservationist of the Natural Resource Conservation

Service of the United States Department of Agriculture or a designee of that

person, who serves as a nonvoting member.

(5)iiIn SECTION 2 of the bill, in added Section 183.061(d), Natural

Resources Code, between "designate" and "an" (page 11, line 8), insert "from

among the members of the council".(6)iiIn SECTION 2 of the bill, strike added Section 183.064, Natural


S e c . i 1 83 . 064 . i iREPORT TO TEXAS DEPARTMENT OF

TRANSPORTATION. Not later than the 10th day after the date of a closing of a

purchase of an easement under this subchapter, the land office shall provide the

Texas Department of Transportation a legal description of the property subject to

the easement and shall include with the description the date the closing occurred.


CSSB 1273, as amended, was passed to third reading. (In accordance with



No members registered their position on this measure.)


Representative Geren moved to lay CSHBi116 on the table subject to call.



(by Veasey)

CSHB 3047, A bill to be entitled An Act relating to emergencycommunication district participation in state travel services contracts.

CSHB 3047 was read second time on May 9 and was postponed until10ia.m. today.


CSHBi3047 was passed to engrossment. (In accordance with House Rule 5,





(by Madden)

CSHB 879, A bill to be entitled An Act relating to the sale of tax receivables

by a local government.

CSHB 879 was read second time on May 9, postponed until May 10, and

was again postponed until 10 a.m. today.

Representative Madden moved to postpone consideration of CSHBi879

until 10 a.m. tomorrow.



(Puente - House Sponsor)

SB 1464, A bill to be entitled An Act relating to funds to be used for nuclear

decommissioning purposes by electric utilities.

SB 1464 was considered in lieu of CSHB 1698.






Representative Puente moved to lay CSHBi1698 on the table subject to call.


MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to

the daily journal, Messages from the Senate, Message No. 1).

HR 1583 - ADOPTED

(by Y. Davis)

Representative Harper-Brown moved to suspend all necessary rules to take

up and consider at this time HRi1583.



HR 1583, In memory of the Reverend DarNell Gerard Pemberton of Dallas.

HR 1583 was unanimously adopted by a rising vote.


HR 1533 - ADOPTED

(by Veasey)





HR 1533, Honoring the Corsicana Chapter of the Huston-Tillotson

University International Alumni Association on being named the 2005 Chapter of

the Year.


HR 1619 - ADOPTED

(by Hopson)





HR 1619, Honoring the city of Carthage for its contributions to country

music.


HR 1613 - ADOPTED

(by Flynn)





HR 1613, Honoring John and Mary Peden of Van on the occasion of their

50th wedding anniversary.


BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and

resolutions in the presence of the house (see the addendum to the daily journal,

Signed by the Speaker, Senate List No. 18).

MAJOR STATE CALENDAR

HOUSE BILLS

SECOND READING




(by Morrison, Woolley, Branch, Goolsby, and Eissler)

CSHB 2330, A bill to be entitled An Act relating to the automatic admission

of undergraduate students to general academic teaching institutions.

Amendment No. 1

Representative Solis offered the following amendment to CSHBi2330:

Amend CSHB 2330 (House Committee Printing) on page 1, line 4, by

striking the enacting clause.

Representative Morrison moved to table Amendment No. 1.


The motion to table prevailed by (Record 587): 74 Yeas, 66 Nays, 1 Present,

not voting.

Yeas — Anderson; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.;

Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, R.; Corte; Crabb;

Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn;

Gattis; Goolsby; Griggs; Grusendorf; Hamric; Harper-Brown; Hartnett; Hegar;

Hilderbran; Hill; Hope; Howard; Hunter; Hupp; Isett; Jackson; Keel; Keffer, B.;

King, P.; Krusee; Kuempel; Laubenberg; Luna; Madden; McCall; Miller;

Morrison; Nixon; Orr; Otto; Paxton; Reyna; Riddle; Ritter; Rose; Seaman; Smith,

T.; Smith, W.; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Van

Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Blake; Burnam; Castro;

Chavez; Coleman; Cook, B.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton;

Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren;

Giddings; Gonzales; Gonzalez Toureilles; Goodman; Guillen; Haggerty;

Hardcastle; Herrero; Hochberg; Homer; Hopson; Jones, J.; Keffer, J.; King, T.;

Laney; Leibowitz; Martinez; Martinez Fischer; McReynolds; Menendez; Merritt;

Moreno, P.; Mowery; Naishtat; Noriega, M.; Oliveira; Olivo; Pena; Phillips;

Pickett; Puente; Quintanilla; Raymond; Rodriguez; Smithee; Solis; Thompson;

Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Hodge; Kolkhorst; McClendon.

Absent — Allen, R.; Hamilton; Hughes; Jones, D.; Pitts.

Amendment No. 2

Representative Woolley offered the following amendment to CSHBi2330:

Amend CSHB 2330 by striking all below the enacting clause and

substituting the following:

SECTIONi1.iiSection 33.007(b), Education Code, is amended to read as

follows:


(b)iiDuring the first school year a student is enrolled in a high school or atthe high school level in an open-enrollment charter school, and again during astudent ’s senior year, a counselor shall provide information about highereducation to the student and the student ’s parent or guardian. The informationmust include information regarding:

(1)iithe importance of higher education;(2)iithe advantages of completing the recommended or advanced high

school program adopted under Section 28.025(a);(3)iithe disadvantages of taking courses to prepare for a high school

equivalency examination relative to the benefits of taking courses leading to ahigh school diploma;

(4)iifinancial aid eligibility;(5)iiinstruction on how to apply for federal financial aid;(6)iithe center for financial aid information established under Section

61.0776;[(7)iithe automatic admission of certain students to general academic

teaching institutions as provided by Section 51.803;] and(7)i[(8)]iithe eligibility and academic performance requirements for the

TEXAS Grant as provided by Subchapter M, Chapter 56[, as added by Chapter1590, Acts of the 76th Legislature, Regular Session, 1999].

SECTIONi2.iiThe heading to Section 51.805, Education Code, is amendedto read as follows:

Sec.i51.805.iiUNDERGRADUATE [OTHER] ADMISSIONS.SECTIONi3.iiSections 51.805(a) and (b), Education Code, are amended to

read as follows:(a)ii[A graduating student who does not qualify for admission under Section

51.803 or 51.804 may apply to any general academic teaching institution.[(b)iiThe general academic teaching institution, after admitting students

under Sections 51.803 and 51.804, shall admit other applicants for admission asundergraduate students.] It is the intent of the legislature that all institutions ofhigher education pursue academic excellence by considering students ’academicachievements in decisions related to admissions.

(b)iiBecause of changing demographic trends, diversity, and populationincreases in the state, each general academic teaching institution shall alsoconsider all of, any of, or a combination of the following socioeconomicindicators or factors in making first-time freshman admissions decisions:

(1)iithe applicant ’s academic record;(2)iithe socioeconomic background of the applicant, including the

percentage by which the applicant ’s family is above or below any recognizedmeasure of poverty, the applicant ’s household income, and the applicant ’sparents ’level of education;

(3)iiwhether the applicant would be the first generation of theapplicant ’s family to attend or graduate from an institution of higher education;

(4)iiwhether the applicant has bilingual proficiency;(5)iithe financial status of the applicant ’s school district;


(6)iithe performance level of the applicant ’s school as determined by theschool accountability criteria used by the Texas Education Agency;

(7)iithe applicant ’s responsibilities while attending school, includingwhether the applicant has been employed, whether the applicant has helped toraise children, or other similar factors;

(8)iithe applicant ’s region of residence;(9)iiwhether the applicant is a resident of a rural or urban area or a

resident of a central city or suburban area in the state;(10)iithe applicant ’s performance on standardized tests;(11)iithe applicant ’s performance on standardized tests in comparison

with that of other students from similar socioeconomic backgrounds;(12)iiwhether the applicant attended any school while the school was

under a court-ordered desegregation plan;(13)iithe applicant ’s involvement in community activities;(14)iithe applicant ’s extracurricular activities;(15)iithe applicant ’s commitment to a particular field of study;(16)iithe applicant ’s personal interview;(17)iithe applicant ’s admission to a comparable accredited out-of-state

institution; and(18)iiany other consideration the institution considers necessary to

accomplish the institution ’s stated mission.SECTIONi4.iiSection 51.806, Education Code, is amended to read as

follows:Sec.i51.806.iiREPORT TO COORDINATING BOARD. Each general

academic teaching institution shall provide a report annually to the Texas HigherEducation Coordinating Board describing the composition of the entering class ofstudents admitted under this subchapter. The report must [shall] include ademographic breakdown, including a breakdown by race, ethnicity, andeconomic status, of the students admitted under this subchapter [Sections 51.803,51.804, and 51.805].

SECTIONi5.iiSection 51.842(a), Education Code, is amended to read asfollows:

(a)iiA graduate or professional program of a general academic teachinginstitution or medical or dental unit may consider the following factors in makingan admissions or scholarship decision for admissions into or competitivescholarships for the graduate or professional program:

(1)iian applicant ’s academic record as a high school student andundergraduate student;

(2)iithe socioeconomic background of the applicant while the applicantattended elementary and secondary school and was an undergraduate student,including any change in that background;

(3)iiwhether the applicant would be the first generation of theapplicant ’s family to attend or graduate from an undergraduate program or from agraduate or professional program;

(4)iiwhether the applicant has multilingual proficiency;


(5)iithe applicant ’s responsibilities while attending elementary andsecondary school and as an undergraduate student, including whether theapplicant was employed, whether the applicant helped to raise children, and othersimilar factors;

(6)iito achieve geographic diversity, the applicant ’s region of residenceat the time of application and, if the applicant graduated from a public highschool in this state within the preceding 20 years, the region in which theapplicant ’s school district is located;

(7)iithe applicant ’s involvement in community activities;(8)iithe applicant ’s demonstrated commitment to a particular field of

study;(9)iifor admission into a professional program, the current comparative

availability of members of that profession in the applicant ’s region of residencewhile the applicant attended elementary and secondary school;

[(10)iiwhether the applicant was automatically admitted to a generalacademic teaching institution as an undergraduate student under Section 51.803;]and

(10)i[(11)]iithe applicant ’s personal interview.SECTIONi6.iiSections 28.026, 51.803, 51.804, and 51.8045, Education

Code, are repealed.SECTIONi7.iiThe change in law made by this Act applies beginning with

admissions to a general academic teaching institution for the 2006-2007 academicyear. Admissions for an academic period preceding that academic year arecovered by the law in effect immediately before the effective date of this Act, andthe prior law is continued in effect for that purpose.

SECTIONi8.iiThis Act takes effect September 1, 2005.

Amendment No. 2 was withdrawn.

Amendment No. 3

Representative Dutton offered the following amendment to CSHBi2330:

Amend CSHB 2330 as follows:(1) On page 1, line 6, strike "(c) and (d)" and substitute "(c), (d), (e), and

(f)".(2) On page 1, line 8, strike "(c) and (d)" and substitute "(c), (d), and (e)".(3) On page 3, between lines 17 and 18, insert the following:(e) This section does not apply to admissions by a general academic

teaching institution for an academic year if the total percentage of students fromunderrepresented racial or ethnic groups enrolled as first-time freshman studentsat the institution during the preceding academic year equaled or exceeded thetotal percentage of students from underrepresented racial or ethnic groups listedfor the fall semester of the preceding academic year on the roster of the NationalCollegiate Athletic Association football team fielded by the institution. Forpurposes of this subsection, a student is from an underrepresented racial or ethnicgroup if the student identifies himself or herself as an African American student,a Mexican American student or a student of other Hispanic origin, or anAmerican Indian, Eskimo, or Aleutian student.


(f) Each general academic teaching institution shall state on the institution ’sInternet website whether the institution is exempt from this section in making

admissions for an academic year because of the application of Subsection (e).

(4) Add the following appropriately numbered SECTION to the bill and

renumber subsequent SECTIONS of the bill appropriately:

SECTION___. Section 51.804, Education Code, is amended to read as

follows:

Sec. 51.804. ADDITIONAL AUTOMATIC ADMISSIONS: SELECTED

INSTITUTIONS. For each academic year, the governing board of each general

academic teaching institution to which Section 51.803 applies shall determine

whether to adopt an admissions policy under which an applicant to the institution

as a first-time freshman student, other than an applicant eligible for admission

under Section 51.803, shall be admitted to the institution if the applicant

graduated from a public or private high school in this state accredited by a

generally recognized accrediting organization with a grade point average in the

top 25 percent of the applicant ’s high school graduating class.


Amendment No. 4

Representative Morrison offered the following amendment to CSHBi2330:

Amend CSHB 2330 by substituting "been offered admission" for "accepted

admission offers" on p. 2, line 22 and p.3, line 10.


Amendment No. 5

Representative Morrison offered the following amendment to CSHBi2330:

Amend CSHB 2330 by adding the following appropriately numbered

SECTION to the bill and renumbering subsequent SECTIONS of the bill

appropriately:

SECTIONi____.iiSection 51.805(b), Education Code, is amended to read as

follows:

(b)iiThe general academic teaching institution, after admitting students

under Sections 51.803 and 51.804, shall admit other applicants for admission as

undergraduate students. It is the intent of the legislature that all institutions of

higher education adopt admissions policies that further the goals of "Closing the

Gaps," the state ’s master plan for higher education, and pursue academic

excellence by considering students ’academic achievements in decisions related

to admissions. Because of changing demographic trends, diversity, and

population increases in the state, each general academic teaching institution shall

also consider all of, any of, or a combination of the following socioeconomic

indicators or factors in making first-time freshman admissions decisions:

(1)iithe applicant ’s academic record;


(2)iithe socioeconomic background of the applicant, including thepercentage by which the applicant ’s family is above or below any recognizedmeasure of poverty, the applicant ’s household income, and the applicant ’sparents ’level of education;

(3)iiwhether the applicant would be the first generation of theapplicant ’s family to attend or graduate from an institution of higher education;

(4)iiwhether the applicant has bilingual proficiency;(5)iithe financial status of the applicant ’s school district;(6)iithe performance level of the applicant ’s school as determined by the

school accountability criteria used by the Texas Education Agency;(7)iithe applicant ’s responsibilities while attending school, including

whether the applicant has been employed, whether the applicant has helped toraise children, or other similar factors;

(8)iithe applicant ’s region of residence;(9)iiwhether the applicant is a resident of a rural or urban area or a

resident of a central city or suburban area in the state;(10)iithe applicant ’s performance on standardized tests;(11)iithe applicant ’s performance on standardized tests in comparison

with that of other students from similar socioeconomic backgrounds;(12)iiwhether the applicant attended any school while the school was

under a court-ordered desegregation plan;(13)iithe applicant ’s involvement in community activities;(14)iithe applicant ’s extracurricular activities;(15)iithe applicant ’s commitment to a particular field of study;(16)iithe applicant ’s personal interview;(17)iithe applicant ’s admission to a comparable accredited out-of-state

institution; and(18)iiany other consideration the institution considers necessary to

accomplish the institution ’s stated mission.Amendment No. 5 was adopted.

Amendment No. 6


Amend CSHB 2330 as follows:(1) On page 1, line 6, strike "(c) and (d)" and substitute "(c), (d), (e), and

(f)".(2) On page 1, line 8, strike "(c) and (d)" and substitute "(c), (d), and (e)".(3) On page 3, between lines 17 and 18, insert the following:(e) This section does not apply to admissions by a general academic

teaching institution for an academic year if the total percentage of students fromunderrepresented racial or ethnic groups enrolled as first-time freshman studentsat the institution during the preceding academic year equaled or exceeded thetotal percentage of students from underrepresented racial or ethnic groups listedfor the fall semester of the preceding academic year on the roster of the NationalCollegiate Athletic Association football team fielded by the institution. Forpurposes of this subsection, a student is from an underrepresented racial or ethnic


group if the student identifies himself or herself as an African American student,a Mexican American student or a student of other Hispanic origin, or anAmerican Indian, Eskimo, or Aleutian student.

(f) Each general academic teaching institution shall state on the institution ’sInternet website whether the institution is exempt from this section in makingadmissions for an academic year because of the application of Subsection (e).

(4) Add the following appropriately numbered SECTION to the bill andrenumber subsequent SECTIONS of the bill appropriately:

SECTION___. Section 51.804, Education Code, is amended to read asfollows:

Sec. 51.804. ADDITIONAL AUTOMATIC ADMISSIONS: SELECTEDINSTITUTIONS. For each academic year, the governing board of each generalacademic teaching institution to which Section 51.803 applies shall determinewhether to adopt an admissions policy under which an applicant to the institutionas a first-time freshman student, other than an applicant eligible for admissionunder Section 51.803, shall be admitted to the institution if the applicantgraduated from a public or private high school in this state accredited by agenerally recognized accrediting organization with a grade point average in thetop 25 percent of the applicant ’s high school graduating class.

(Kolkhorst and McClendon now present)



The motion to table prevailed by (Record 588): 84 Yeas, 56 Nays, 1 Present,not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen;Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.;Cook, R.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler;Elkins; Flynn; Gattis; Goolsby; Griggs; Grusendorf; Hamilton; Hamric;Hardcastle; Harper-Brown; Hartnett; Hegar; Hill; Hope; Howard; Hunter; Hupp;Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; Kolkhorst; Krusee;Kuempel; Laney; Laubenberg; Luna; Madden; McCall; Merritt; Miller; Morrison;Mowery; Nixon; Orr; Otto; Paxton; Phillips; Reyna; Riddle; Ritter; Rose;Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Straus; Swinford; Talton;Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Castro; Chavez;Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland;Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Giddings; Gonzales;Gonzalez Toureilles; Guillen; Herrero; Hilderbran; Hochberg; Homer; Hopson;Jones, J.; King, T.; Leibowitz; Martinez; Martinez Fischer; McClendon;McReynolds; Menendez; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo;Pena; Pickett; Puente; Quintanilla; Raymond; Rodriguez; Solis; Thompson;Turner; Uresti; Veasey; Villarreal.



Absent, Excused — Hodge.

Absent — Corte; Goodman; Haggerty; Hughes; Pitts; Strama; Vo.

Amendment No. 7

Representative Coleman offered the following amendment to CSHBi2330:

Amend CSHB 2330 as follows:(1) On page 1, line 6, strike "(d)" and substitute "(c-1)".(2) On page 1, line 8, strike "Subsections (c) and (d)" and substitute

"Subsection (c)".(3) Strike page 2, line 2, through page 3, line 17, and substitute the

following:(c) The University of Texas at Austin shall reserve for admissions under

Subsection (a) not less than 62 percent of the university ’s enrollment capacitydesignated for first-time undergraduate students. Subsection (a) does not apply tothe portion of the university ’s enrollment capacity designated for first-timeundergraduate students that is not reserved under this subsection for admissionsunder Subsection (a). If the number of applicants who qualify for automaticadmission to The University of Texas at Austin under Subsection (a) exceeds thenumber of spaces reserved by the university under this subsection for admissionsunder Subsection (a), the university shall:

(1) to the extent practicable, offer admission to those applicants in theorder in which the applicants apply for admission to the university until thespaces reserved by the university for admissions under this subsection are filled;

(2) after offering admission to applicants under Subdivision (1), placethe remaining applicants on a waiting list according to the order in which theapplicants apply to the university for admission and offer admission to thoseapplicants in that order if the reserved spaces become available; and

(3) consider the remaining applicants placed on the waiting list underSubdivision (2) in the same manner as other applicants for admission as first-timefreshmen students in accordance with Section 51.805.

(c-1) This subsection and Subsection (c) expire September 1, 2007.(4) Add the following appropriately numbered SECTION to the bill and

renumber subsequent SECTIONS of the bill appropriately:SECTION ___. Subchapter U, Chapter 51, Education Code, is amended by

adding Section 51.8065 to read as follows:Sec. 51.8065. REPORT TO LEGISLATURE. Not later than January 1,

2007, the Texas Higher Education Coordinating Board shall submit a report to thelegislature regarding the impact of the uniform admission policy under thissubchapter on racial, ethnic, and geographical diversity at general academicteaching institutions. This section expires September 1, 2007.





Yeas — Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown,B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Corte; Crabb;Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn;Gattis; Goodman; Goolsby; Griggs; Grusendorf; Hamric; Hardcastle;

Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard; Hughes;Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.;Krusee; Kuempel; Laubenberg; Luna; Madden; McCall; Merritt; Miller;Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle;Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Straus; Swinford;Talton; Taylor; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Castro; Chavez;Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland;Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Giddings; Gonzales;Gonzalez Toureilles; Guillen; Hamilton; Herrero; Hochberg; Homer; Hopson;

Jones, J.; King, T.; Kolkhorst; Laney; Leibowitz; Martinez; Martinez Fischer;McClendon; McReynolds; Menendez; Moreno, P.; Naishtat; Noriega, M.;Oliveira; Olivo; Pickett; Puente; Raymond; Ritter; Rodriguez; Solis; Strama;Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C); Edwards.

Absent, Excused — Hodge.

Absent — Allen, R.; Haggerty; Pena; Quintanilla; Truitt.

STATEMENT OF VOTE

When Record No. 589 was taken, I was in the house but away from my

desk. I would have voted yes.

Truitt


Representative Hill requested permission for the Committee on LocalGovernment Ways and Means to meet while the house is in session at 2:15 p.m.today, in 3W.9, for a formal meeting, to consider pending committee business.




Local Government Ways and Means, 2:15 p.m. today, 3W.9, for a formalmeeting, to consider pending committee business.

CSHB 2330 - (consideration continued)

Amendment No. 8

Representative J. Jones offered the following amendment to CSHBi2330:

Amend CSHB 2330 as follows:(1)iiOn page 2, strike lines 2-12 and substitute the following:


(c)iiA general academic teaching institution with a total student enrollmentof more than 40,000 in a fall semester shall reserve for admissions underSubsection (a) for the next academic year following that fall semester apercentage of the institution ’s enrollment capacity designated for first-timeundergraduate students that will ensure that the number of first-timeundergraduate students attending the institution in that academic year who aremembers of a racial or ethnic group that is underrepresented among the studentbody of the institution and who are admitted under Subsection (a) is not less thanthe number of first-time undergraduate students attending the institution in the2004 summer sessions and fall semester who were members of that racial orethnic group. Subsection (a) does not apply to the portion of the institution ’senrollment capacity designated for first-time undergraduate students that is notreserved for admissions under Subsection (a). If the number of applicants whoqualify for automatic admission to a general academic teaching institution underSubsection (a) exceeds the number of spaces reserved by the institution under thissubsection for admissions under Subsection (a), the institution shall, except asprovided by Subsection (d):

(2)iiOn page 2, line 23, between "institution" and "for", insert "under thissubsection".

(3)iiAdd the following appropriately numbered SECTION to the bill andrenumber subsequent SECTIONS of the bill appropriately:

SECTIONi__.iiSection 51.805, Education Code, is amended by addingSubsection (b-1) to read as follows:

(b-1)iiIn admitting students under this section in an academic year, a generalacademic teaching institution with a total student enrollment of more than 40,000in the preceding fall semester shall ensure that the number of first-timeundergraduate students admitted to the institution in that academic year under thissubchapter who are members of a racial or ethnic group that is underrepresentedamong the student body of the institution is not less than the number of first-timeundergraduate students attending the institution in the preceding academic yearwho were members of that racial or ethnic group.


The following member was granted leave of absence for the remainder oftoday because of important business in the district:

Corte on motion of Hilderbran.





Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen;Branch; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Crabb;Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn;


Frost; Gattis; Goodman; Goolsby; Griggs; Grusendorf; Hamilton; Hamric;

Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Hopson;

Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.;

Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Laubenberg; Luna; Madden;

McCall; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts;

Reyna; Riddle; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solomons;

Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Chavez; Coleman;

Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar;

Farabee; Farrar; Flores; Gallego; Geren; Giddings; Gonzales; Gonzalez

Toureilles; Guillen; Herrero; Hochberg; Homer; Jones, J.; King, T.; Laney;

Leibowitz; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez;

Merritt; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Pena; Pickett;

Puente; Quintanilla; Raymond; Ritter; Rodriguez; Solis; Strama; Thompson;



Absent, Excused — Corte; Hodge.

Absent — Brown, B.; Castro; Cook, R.; Haggerty; Straus.

Amendment No. 9


Amend CSHB 2330 as follows:

(1) On page 1, line 6, strike "(c) and (d)" and substitute the following:

(a) This applies to universities and colleges in Texas whose anglo

population of the freshman class previously entered is less than 75 percent.

(P. King in the chair)




not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen;

Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Castro; Chisum;

Cook, B.; Cook, R.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny;

Driver; Eissler; Elkins; Flynn; Gattis; Geren; Goodman; Griggs; Grusendorf;

Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill;

Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel;

Keffer, B.; Keffer, J.; Kolkhorst; Krusee; Laney; Laubenberg; Luna; Madden;

McCall; Merritt; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips;

Pitts; Quintanilla; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.;

Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Van

Arsdale; West; Wong; Woolley; Zedler.


Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Chavez; Coleman;Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar;Farabee; Farrar; Flores; Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles;Guillen; Herrero; Homer; Jones, J.; King, T.; Leibowitz; Martinez; MartinezFischer; McClendon; McReynolds; Menendez; Moreno, P.; Naishtat; Noriega,M.; Oliveira; Olivo; Pena; Pickett; Puente; Raymond; Rodriguez; Solis;Thompson; Turner; Uresti; Veasey; Villarreal.

Present, not voting — Mr. Speaker; King, P.(C).


Absent — Goolsby; Haggerty; Hochberg; Kuempel; Vo.


A message from the senate was received at this time (see the addendum tothe daily journal, Messages from the Senate, Message No. 2).

Amendment No. 10


Amend CSHB 2330 as follows:Adding a new section.Section___: This bill applies only to The University of Texas.




Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Branch;Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Cook,R.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins;Flynn; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Hamilton;Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope;Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keffer, B.; Keffer, J.;Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Luna; Madden; McCall;Merritt; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts;Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solomons;Strama; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong;Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Bonnen; Burnam; Castro;Chavez; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards;Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Gonzales; GonzalezToureilles; Guillen; Herrero; Hochberg; Homer; Hopson; Jones, J.; Keel; King,T.; Leibowitz; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez;Moreno, P.; Naishtat; Noriega, M.; Olivo; Pena; Pickett; Puente; Quintanilla;Raymond; Rodriguez; Solis; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.




Absent — Giddings; Haggerty; Oliveira.

Amendment No. 11

Representative Turner offered the following amendment to CSHBi2330:

Amend CSHB 2330 as follows:(1) On page 2, line 2, strike "A" and substitute "Beginning with admissions

for the 2008-2009 academic year, a".(2) On page 2, line 3, strike "50" and substitute "95".(3) On page 2, line 15, between "advanced" and "high", insert "or

recommended".(4) On page 4, line 2, between "advanced" and "high", insert "or

recommended".(5) Strike SECTION 3 of the bill (page 4, lines 3-7).(6) Add the following appropriately numbered SECTIONS to the bill and

renumber the other SECTIONS of the bill accordingly:SECTION___. Sections 28.025(e) and (g), Education Code, are amended to

read as follows:(e) Each school district shall report the academic achievement record of a

student in an electronic format [students who have completed a minimum,recommended, or advanced high school program] on a uniform transcript form[forms] adopted by the State Board of Education. The transcript form [forms]adopted by the board must be designed to:

(1) clearly differentiate between [each of] the minimum, recommended,and advanced high school programs and identify the program completed by astudent;

(2) provide information in a standard format regarding:(A) any honors, advanced placement, or international baccalaureate

courses available at a student ’s high school and which, if any, of those courses thestudent completed; and

(B) any college-level courses available to a student under a dualcredit program provided under an agreement between the student ’s high schooland an institution of higher education and which, if any, of those courses thestudent completed; and

(3) identify whether a student received a diploma or a certificate ofcoursework completion.

(g) If a student, other than a student permitted to take courses under theminimum high school program as provided by Subsection (b), is unable tocomplete the recommended or advanced high school program solely becausenecessary courses were unavailable to the student at the appropriate times in thestudent ’s high school career as a result of course scheduling, lack of enrollmentcapacity, or another cause not within the student ’s control, the school district,[shall indicate that fact] on the student ’s transcript form described by Subsection(e), shall:

(1) indicate whether the student completed those courses necessary tocomplete the program that were available to the student; and


(2) identify those courses necessary to complete the program that wereunavailable to the student as a result of course scheduling, lack of enrollmentcapacity, or another cause not within the student ’s control.

SECTION___. Subchapter B, Chapter 28, Education Code, is amended byadding Section 28.0252 to read as follows:

Sec. 28.0252. COMPUTATION OF HIGH SCHOOL GRADE POINTAVERAGE. (a) The commissioner shall develop a standard method ofcomputing a student ’s high school grade point average that provides foradditional weight to be given to each honors course, advanced placement course,international baccalaureate course, or dual credit course described by Section28.025(e)(2)(B) completed by a student.

(b) A school district shall use the standard method developed under thissection to compute a student ’s high school grade point average, and the student ’sgrade point average computed in that manner shall be used in determining thestudent ’s eligibility for automatic college admission under Section 51.803.

(b-1) Subsection (b) applies only to students entering grade nine during orafter the 2007-2008 school year. This subsection expires September 1, 2010.

(c) The commissioner may adopt rules necessary to implement this section.SECTION ____. Section 28.026, Education Code, is amended to read as

follows:Sec. 28.026. NOTICE OF AUTOMATIC COLLEGE ADMISSION. (a)

The board of trustees of a school district shall require each high school in thedistrict to post appropriate signs in each counselor ’s office, in each principal ’soffice, and in each administrative building indicating the substance of Section51.803 regarding automatic college admission. To assist in the dissemination ofthis information, the school district shall:

(1) require that each high school counselor and class advisor beprovided a detailed explanation of the substance of Section 51.803;

(2) provide each district student, at the time the student first registersfor one or more classes required for high school graduation, with a writtennotification of the substance of Section 51.803;

(3) require that each high school counselor and senior class advisorexplain to eligible students the substance of Section 51.803; and

(4) [(3)] provide each eligible senior student under Section 51.803, atthe commencement of a class ’s senior year, with a written notification of thestudent ’s eligibility with a detailed explanation of the substance of Section51.803.

(b) The commissioner shall adopt forms to use in providing notice underSubsections (a)(2) and (4). In providing notice under Subsection (a)(2) or (4), aschool district shall use the appropriate form adopted by the commissioner.

(c) The commissioner shall adopt procedures to ensure that, as soon aspracticable after this subsection becomes law, each school district provideswritten notification of the substance of Section 51.803, as amended by the 79thLegislature, Regular Session, 2005, to each district student who, for the2005-2006 school year, registers for the first time for one or more coursesrequired for high school graduation. The commissioner may adopt rules under


this subsection in the manner provided by law for emergency rules. Each districtshall comply with the procedures adopted by the commissioner under thissubsection. This subsection expires September 1, 2006.



The motion to table was lost by (Record 593): 68 Yeas, 73 Nays, 2 Present,not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Bonnen; Branch; Brown, B.;Brown, F.; Campbell; Casteel; Crabb; Crownover; Davis, J.; Dawson; Delisi;Denny; Driver; Eissler; Elkins; Flynn; Goodman; Goolsby; Griggs; Grusendorf;Hamric; Harper-Brown; Hartnett; Hegar; Hope; Howard; Hughes; Hunter; Hupp;Isett; Keel; Keffer, B.; Krusee; Kuempel; Laubenberg; Luna; Madden; McCall;Miller; Morrison; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Rose;Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Straus; Swinford; Talton;Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Blake; Bohac; Burnam; Castro;Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Davis, Y.; Deshotel; Dukes;Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost;Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen;Haggerty; Hamilton; Hardcastle; Herrero; Hilderbran; Hochberg; Homer;Hopson; Jones, D.; Jones, J.; Keffer, J.; King, T.; Kolkhorst; Laney; Leibowitz;Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt;Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Pena; Pickett; Puente;Quintanilla; Raymond; Ritter; Rodriguez; Solis; Strama; Thompson; Turner;Uresti; Veasey; Villarreal; Vo.



Absent — Callegari; Hill; Jackson; Mowery.



Amendment No. 11 failed of adoption by (Record 594): 66 Yeas, 78 Nays, 0Present, not voting.

Yeas — Allen, A.; Alonzo; Anchia; Bailey; Blake; Burnam; Castro; Chavez;Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland;Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Giddings; Gonzales;Gonzalez Toureilles; Guillen; Haggerty; Hamilton; Herrero; Hochberg; Homer;Hopson; Hughes; Jones, J.; Keffer, J.; King, T.; Kolkhorst; Laney; Leibowitz;Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt;Moreno, P.; Naishtat; Oliveira; Olivo; Pena; Pickett; Puente; Raymond; Ritter;Rodriguez; Smithee; Solis; Strama; Thompson; Turner; Uresti; Veasey; Villarreal;Vo.


Nays — Mr. Speaker(C); Allen, R.; Anderson; Baxter; Berman; Bohac;

Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum;

Cook, B.; Cook, R.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny;

Driver; Eissler; Elkins; Flynn; Gattis; Goodman; Goolsby; Griggs; Grusendorf;

Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope;

Howard; Hunter; Hupp; Isett; Jackson; Keel; Keffer, B.; King, P.; Krusee;

Kuempel; Laubenberg; Madden; McCall; Miller; Morrison; Mowery; Nixon; Orr;

Otto; Paxton; Phillips; Pitts; Quintanilla; Reyna; Riddle; Rose; Seaman; Smith,

W.; Solomons; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West;

Wong; Woolley; Zedler.


Absent — Jones, D.; Noriega, M.; Smith, T.

STATEMENT OF VOTE

I was shown voting no on Record No. 594. I intended to vote yes.

Quintanilla


Representative Keel requested permission for the Committee on Criminal

Jurisprudence to meet while the house is in session at 3:45 p.m. today, in 3W.9,

for a formal meeting, to consider SB 1469, SB 1791, and pending business.




Criminal Jurisprudence, 3:45 p.m. today, 3W.9, for a formal meeting, to

consider SB 1469, SB 1791, and pending business.


Amendment No. 12

Representative Gallego offered the following amendment to CSHBi2330:


(1) On page 2, line 2, strike "A general academic teaching institution" and

substitute "The University of Texas at Austin".

(2) On page 2, line 3, strike "50" and substitute "65".

(3) On page 2, strike lines 18-25 and substitute the following:

"(2) after offering admissions to applicants under Subdivision (1), offer

admission to the remaining applicants in the manner the institution considers

appropriate to further the mission of the institution until a sufficient number of

those applicants have accepted admission offers to fill those spaces reserved by

the institution under this subsection for admissions under Subsection (a); and"

(4) On page 3, strike lines 7-12 and substitute the following:


"shall offer admission to those applicants in the the manner the institutionconsiders appropriate to further the mission of the institution until a sufficient

number of those applicants have accepted admission offers to fill those spacesreserved by the institution under this subsection for admissions under Subsection

(a). The institution shall"




Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen;Branch; Brown, B.; Brown, F.; Callegari; Casteel; Chisum; Cook, B.; Crabb;

Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn;Gattis; Goodman; Goolsby; Griggs; Grusendorf; Hamric; Hardcastle;

Harper-Brown; Hartnett; Hegar; Hill; Howard; Hughes; Hunter; Hupp; Isett;Jackson; Keel; Keffer, B.; Keffer, J.; King, P.; Krusee; Kuempel; Laubenberg;Madden; McCall; Merritt; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton;

Phillips; Pitts; Reyna; Riddle; Rose; Seaman; Smith, T.; Smith, W.; Solomons;Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley;

Zedler.

Nays — Allen, A.; Alonzo; Anchia; Campbell; Castro; Chavez; Coleman;

Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland;Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Giddings; Gonzales;

Gonzalez Toureilles; Guillen; Hamilton; Herrero; Hilderbran; Hochberg; Homer;Hopson; Jones, D.; Jones, J.; King, T.; Laney; Leibowitz; Martinez; Martinez

Fischer; McClendon; McReynolds; Menendez; Moreno, P.; Naishtat; Noriega,M.; Oliveira; Olivo; Pena; Pickett; Puente; Raymond; Ritter; Rodriguez; Solis;Strama; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.



Absent — Bailey; Burnam; Haggerty; Hope; Kolkhorst; Luna; Quintanilla;

Smithee.

STATEMENT OF VOTE

When Record No. 595 was taken, I was in the house but away from my

desk. I would have voted no.

Burnam

Amendment No. 13

Representative J. Jones offered the following amendment to CSHBi2330:

Amend CSHB 2330 as follows:(1)iiOn page 2, line 2, between "institution" and "shall", insert "with a total

student enrollment of more than 40,000 in a fall semester".


(2)iiOn page 2, line 3, between "Subsection (a)" and "not", insert "for thenext academic year following that fall semester".






Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen;Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.;Cook, R.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler;Elkins; Flynn; Gattis; Geren; Goodman; Griggs; Grusendorf; Hamilton; Hamric;Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Hopson;Howard; Hughes; Hunter; Hupp; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.;King, P.; Kolkhorst; Krusee; Kuempel; Laubenberg; Luna; Madden; McCall;Merritt; Miller; Morrison; Nixon; Orr; Otto; Paxton; Pitts; Reyna; Riddle; Ritter;Rose; Seaman; Smith, W.; Solomons; Straus; Swinford; Talton; Taylor; Truitt;Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Castro; Chavez;Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland;Escobar; Farabee; Farrar; Flores; Frost; Gallego; Giddings; Gonzales; GonzalezToureilles; Guillen; Haggerty; Herrero; Hochberg; Homer; Jones, J.; King, T.;Laney; Leibowitz; Martinez; Martinez Fischer; McClendon; McReynolds;Menendez; Moreno, P.; Mowery; Naishtat; Noriega, M.; Oliveira; Olivo; Pickett;Puente; Quintanilla; Raymond; Rodriguez; Solis; Strama; Thompson; Turner;Uresti; Veasey; Villarreal; Vo.



Absent — Goolsby; Isett; Pena; Phillips; Smith, T.; Smithee.

Amendment No. 14


Amend CSHB 2330 as follows:(1) On page 1, line 6, strike "(c) and (d)" and substitute "(c), (d), and (e)".(2) On page 3, between lines 17 and 18, insert the following:(e) Notwithstanding Subsection (c), a general academic teaching institution

that does not consider race or ethnicity as a factor in admissions is required tooffer admission to any applicant for admission to the institution who qualifies forautomatic admission under Subsection (a).





not voting.


Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.;

Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins;

Flynn; Gattis; Geren; Goolsby; Griggs; Grusendorf; Hamilton; Hamric;

Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Howard; Hughes;

Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.;

Kolkhorst; Krusee; Kuempel; Laubenberg; Luna; Madden; McCall; Merritt;

Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna;

Riddle; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Straus;

Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Castro; Chavez;

Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland;

Escobar; Farabee; Farrar; Frost; Gallego; Giddings; Gonzales; Gonzalez

Toureilles; Guillen; Haggerty; Herrero; Hochberg; Homer; Hopson; Jones, J.;

King, T.; Leibowitz; Martinez; Martinez Fischer; McReynolds; Menendez;

Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Pena; Pickett; Puente;

Quintanilla; Raymond; Ritter; Rodriguez; Solis; Strama; Thompson; Turner;

Uresti; Veasey; Villarreal; Vo.



Absent — Edwards; Flores; Goodman; Hope; Laney; McClendon.

Amendment No. 15

Representatives Bonnen and Homer offered the following amendment to

CSHBi2330:


SECTIONS to the bill and renumbering subsequent SECTIONS of the bill

appropriately:

SECTION___. Subchapter U, Chapter 51, Education Code, is amended by

adding Section 51.8035 to read as follows:

Sec. 51.8035. AUTOMATIC ADMISSION OF APPLICANTS

COMPLETING CORE CURRICULUM AT ANOTHER INSTITUTION. (a) In

this section:

(1) "Core curriculum" means the core curriculum adopted by an

institution of higher education under Section 61.822.

(2) "Institution of higher education" has the meaning assigned by

Section 61.003.

(b) A general academic teaching institution shall admit an applicant for

admission to the institution as a transfer undergraduate student who:


(1) graduated from high school not earlier than the fourth school yearbefore the academic year for which the applicant seeks admission and qualifiedfor automatic admission to a general academic teaching institution under Section51.803(a) at the time of graduation;

(2) first enrolled in an institution of higher education not earlier than thesecond academic year before the academic year for which the applicant seeksadmission;

(3) completed the core curriculum at an institution of higher education,other than the institution to which the applicant seeks admission, with acumulative grade point average of at least 3.25 on a four-point scale or theequivalent; and

(4) submits an application for admission as a transfer student before theexpiration of any application filing deadline established by the institution.

(c) For purposes of this section, transfer semester credit hours from adifferent institution of higher education and semester credit hours earned byexamination shall be included in determining whether the person completed thecore curriculum at an institution of higher education.

SECTION___. Section 51.8035, Education Code, as added by this Act,applies beginning with admissions to a general academic teaching institution forthe 2006 spring semester.


Amendment No. 16

Representative B. Cook offered the following amendment to CSHBi2330:

Amend CSHB 2330 by adding the following appropriately numberedSECTION to the bill and renumbering subsequent SECTIONS of the billappropriately:

SECTION___. Subchapter B, Chapter 28, Education Code, is amended byadding Section 28.0252 to read as follows:

Sec. 28.0252. COMPUTATION OF HIGH SCHOOL GRADE POINTAVERAGE. (a) The commissioner may develop a standard method ofcomputing a student ’s high school grade point average that provides foradditional weight to be given to each honors course, advanced placement course,international baccalaureate course, or dual credit course described by Section28.025(e)(2)(B) completed by a student. The method must provide for advancedplacement courses and dual credit courses to be weighted equally.

(b) A school district may use the standard method developed under thissection to compute a student ’s high school grade point average, and the student ’sgrade point average computed in that manner shall be used in determining thestudent ’s eligibility for automatic college admission under Section 51.803.

(b-1) Subsection (b) applies only to students entering grade nine during orafter the 2007-2008 school year. This subsection expires September 1, 2010.

(c) The commissioner may adopt rules necessary to implement this section.




CSHB 2330, as amended, was passed to engrossment by (Record 598): 75Yeas, 69 Nays, 1 Present, not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Bohac; Bonnen; Branch;Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Cook, B.; Cook, R.; Crabb;Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn;Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Hamric; Harper-Brown;Hartnett; Hegar; Hill; Hope; Howard; Hunter; Hupp; Isett; Jackson; Jones, D.;Keel; Keffer, B.; King, P.; Krusee; Kuempel; Laubenberg; Madden; McCall;Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Pitts; Reyna; Riddle; Rose;Seaman; Smith, T.; Smith, W.; Solomons; Straus; Swinford; Talton; Taylor;Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Blake; Burnam; Castro;Chavez; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards;Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Giddings; Gonzales;Gonzalez Toureilles; Guillen; Haggerty; Hamilton; Hardcastle; Herrero;Hilderbran; Hochberg; Homer; Hopson; Hughes; Jones, J.; Keffer, J.; King, T.;Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds;Menendez; Merritt; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Pena;Phillips; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Smithee;Solis; Strama; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.



Absent — Chisum; Kolkhorst.

STATEMENTS OF VOTE

When Record No. 598 was taken, my vote failed to register. I would havevoted yes.

Chisum

When Record No. 598 was taken, I was temporarily out of the housechamber, meeting with the Governor ’s staff. I would have voted no.

Kolkhorst

CSHB 2876 ON SECOND READING(by Callegari, Gattis, et al.)

CSHB 2876, A bill to be entitled An Act relating to certificates of publicconvenience and necessity for water service and sewer service.

Amendment No. 1

Representative Callegari offered the following amendment to CSHBi2876:

Amend CSHB 2876 (House Committee Printing) as follows:(1) On page 4, lines 20-21, strike "legally binding commitment with

landowners of sufficient available funds" and substitute "good faith effort".(2) On page 5, lines 7-8, strike "damages, including reasonable fees," and

substitute "reasonable fees".



Amendment No. 2

Representative Callegari offered the following amendment to CSHBi2876:

Amend CSHB 2867 on page 19, line 12, between "section" and the period,by inserting the following:

if the map meets filing requirements, does not exceed 11 inches by 17 inchesin size, and is accompanied by the appropriate fee


Amendment No. 3

Representative Hope offered the following amendment to CSHBi2876:

Amend CSHB 2876 as follows:(1) On page 4, strike line 4 and substitute:only to a municipality:

(1) with a population of more than 650,000; or(2) with a population of 30,000 or more that is located in a county with

a population of 275,000 or more that:(A) is adjacent to a county with a population of 3.3 million or

more; and(B) contains part of a national forest.

(2) On page 10, line 6, strike "with a population of more than 650,000".(3) On page 10, line 14, after the period, add:This subsection applies only to a municipality:

(1) with a population of more than 650,000; or(2) that is located in a county with a population of 275,000 or more

that:(A) is adjacent to a county with a population of 3.3 million or

more; and(B) contains part of a national forest.


Amendment No. 4

Representative R. Cook offered the following amendment to CSHBi2876:

Amend CSHB 2876 as follows:On Page 14, Line 26, add new SECTION 10 to the bill to read as follows

and renumber subsequent SECTIONS appropriately:SECTION 10. Section 13.257(d), Water Code is amended to read as

follows:(d) The notice must be executed by the seller and read as follows: "The real

property, described below, that you are about to purchase may be [is]] located in acertificated [the] water or sewer service area [of __________________], which is[the utility service provider] authorized by law to provide water or sewer serviceto the properties in the certificated area. If your property is located in acertificated area there [. No other retail public utility is authorized to provide


water or sewer service to your property. There] may be special costs or chargesthat you will be required to pay before you can receive water or sewer service.There may be a period required to construct lines or other facilities necessary toprovide water or sewer service to your property. You are advised to determine ifthe property is in a certificated area and contact the utility service provider todetermine the cost that you will be required to pay and the period, if any, that isrequired to provide water or sewer service to your property.

"The undersigned purchaser hereby acknowledges receipt of the foregoingnotice at or before the execution of a binding contract for the purchase of the realproperty described in the notice or at closing of purchase of the real property.

______________Date

______________Signature of Purchaser

"[(Note: Correct name of utility service provider is to be placed in theappropriate space.)] Except for notices included as an addendum to or paragraphof a purchase contract, the notice must be executed by the seller and purchaser, asindicated."


Amendment No. 5

Representative Geren offered the following amendment to CSHBi2876:

Amend CSHB 2876 by adding the following appropriately numberedsection to the bill and renumbering the remaining sections of the bill asappropriate:

SECTION 5. Section 13.245(a), Water Code, is amended to read by addingSections 13.245 and 13.2451 to read as follows:

Sec. 13.245 MUNICIPAL BOUNDARIES OR EXTRATERRITORIALJURISDICTION OF CERTAIN MUNICIPALITIES. (a) This section appliesonly to a municipality with a population of 500,000 or more.

SECTION 6. Section 13.246, Water Code, is amended by addingSubsection (i) to read as follows:

(i) A landowner is not entitled to make an election under Subsection (h) butis entitled to contest the inclusion of the landowner ’s property in the proposedservice area at a hearing held by the commission regarding the application if theproposed service area is located within the boundaries or extraterritorialjurisdiction of a municipality with a population of more than 500,000 and themunicipality or a utility owned by the municipality is the applicant.

SECTION 8. Section 13.247, Water Code, is amended by addingSubsection (d) to read as follows:

(d) In addition to any other rights provided by law, a municipality with apopulation of more than 500,000 may exercise the power of eminent domain inthe manner provided by Chapter 21, Property Code, to acquire a substandardwater or sewer system if all the facilities of the system are located entirely withinthe municipality ’s boundaries. The municipality shall pay just and adequate


compensation for the property. In this subsection, "substandard water or sewer

system" means a system that is not in compliance with the municipality ’sstandards for water and wastewater service.

SECTION 9. Section 13.254, Water Code, is amended by adding

Subsections (a-2) to read as follows:

(a-2) A landowner is not entitled to make the election described in

Subsection (a-1) but is entitled to contest the involuntary certification of its

property in a hearing held by the commission if the landowner ’s property is

located:

(1) within the boundaries of any municipality or the extraterritorial

jurisdiction of a municipality with a population of more than 500,000 and the

municipality or retail public utility owned by the municipality is the holder of the

certificate; or

(2) in a platted subdivision actually receiving water or sewer service.


Amendment No. 6

Representative Hegar offered the following amendment to CSHBi2876:


(1) On page 1, line 5, strike "Section 13.002(1), Water Code, is amended"

and substitute "Section 13.002, Water Code, is amended by amending

Subdivision (1) and adding Subdivision (10-a)".

(2) On page 1, between lines 15 and 16, insert the following:

(10-a) "Landowner," "owner of a tract of land," and "owners of each

tract of land" includes multiple owners of a single deeded tract of land.


CSHB 2876, as amended, was passed to engrossment. (In accordance with



Members registering votes are as follows: Zedler recorded voting no.)


(by Crownover, Isett, Taylor, Eissler, Seaman, et al.)

CSHB 1795, A bill to be entitled An Act relating to the creation of health

savings accounts for certain individuals eligible to participate in the insurance

coverage provided under the Texas Employees Group Benefits Act and their

dependents.

Amendment No. 1

Representative Crownover offered the following amendment to

CSHBi1795:


On page ____, add SECTION ____ to read as follows:


During the initial implementation of Chapter 1551, Insurance Code, asamended by this Act, and not withstanding other requirements set forth inChapter 1551, an Advisory Council shall be created for the purpose of overseeingthe design of the State Health Savings Account Program consisting of sevenmembers including a non-voting ex-officio member, being the Executive Directorof the Employees Retirement System of Texas.

The Governor of Texas shall designate a Chair to the Advisory Council inconjunction with appointing 3 members: Representative from the public sector,Representative from the private sector, and an Actuary, preferably havingexperience in the area of health savings accounts; the Lieutenant Governor ofTexas shall appoint 2 members from the Texas Senate; and the Speaker of theTexas House of Representatives shall appoint 2 members from the Texas Houseof Representatives.


Amendment No. 2

Representative Pickett offered the following amendment to CSHBi1795:

Amend CSHB 1795 (House Committee Printing) as follows:(1) On page 12, line 15, between "PLANS." and "The program", insert

"(a)".(2) On page 12, between lines 16 and 17, insert the following:(b) Notwithstanding any other provision of this subchapter, for the fiscal

year beginning September 1, 2006, the deductible for a participant or theparticipant ’s covered dependents, as applicable, under a high deductible healthplan may not exceed the minimum deductible allowed for a high deductiblehealth plan under federal law. This subsection expires September 1, 2007.

(3) On page 16, between lines 4 and 5, insert the following:(e) Notwithstanding any other provision of this subchapter, for the fiscal

year beginning September 1, 2006, the board of trustees may not establish anannual state contribution under Subsection (a) that is less than one-half of thedeductible for the high deductible health plan in which the participant or theparticipant ’s covered dependents, as applicable, are enrolled for the fiscal yearbeginning September 1, 2006. This subsection expires September 1, 2007.

(J. Keffer in the chair)


The following member was granted leave of absence temporarily for todaybecause of important business:

Dunnam on motion of Homer.


Representative Crownover moved to table Amendment No. 2.

The motion to table prevailed.



CSHB 1795, as amended, was passed to engrossment by (Record 599): 96

Yeas, 47 Nays, 2 Present, not voting.


Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.;

Cook, R.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Dukes;

Dutton; Edwards; Eiland; Eissler; Escobar; Farabee; Flores; Flynn; Frost;

Gallego; Gattis; Geren; Giddings; Goolsby; Griggs; Grusendorf; Haggerty;

Hamilton; Hamric; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hochberg;

Hope; Howard; Hughes; Hupp; Isett; Jackson; Keel; Keffer, B.; King, P.; King,

T.; Kolkhorst; Krusee; Laney; Laubenberg; Madden; McCall; McClendon;

Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna;

Riddle; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Straus;

Swinford; Talton; Taylor; Truitt; Van Arsdale; Villarreal; Vo; West; Wong;

Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Castro; Chavez;

Coleman; Davis, Y.; Deshotel; Elkins; Farrar; Gonzales; Gonzalez Toureilles;

Goodman; Guillen; Hardcastle; Herrero; Homer; Hopson; Hunter; Jones, D.;

Jones, J.; Kuempel; Leibowitz; Luna; Martinez; Martinez Fischer; McReynolds;

Menendez; Merritt; Naishtat; Noriega, M.; Oliveira; Olivo; Pena; Pickett; Puente;

Quintanilla; Raymond; Ritter; Rodriguez; Strama; Thompson; Turner; Uresti;

Veasey.

Present, not voting — Mr. Speaker; Keffer, J.(C).

Absent, Excused — Corte; Dunnam; Hodge.

Absent — Moreno, P.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 599. I intended to vote no.

Hochberg


Rose





Representative Edwards requested permission for the Committee on Rules

and Resolutions to meet while the house is in session at 7 p.m. today, in 2W.25,

for a formal meeting, to consider the calendar.





Rules and Resolutions, 7 p.m. today, 2W.25, for a formal meeting, to

consider the calendar.


(by Chavez)

CSHB 3333, A bill to be entitled An Act relating to the sale or transfer of

interest of real property to certain federally recognized Indian tribes.

Amendment No. 1

Representative Talton offered the following amendment to CSHBi3333:


(1) On page 1, line 11, between "to" and "a" insert "abutting or adjoining

landowners, including".

(2) On page 1, line 12, strike "on the Texas-Mexico border" and substitute

"within counties of this state bordering the Republic of Mexico and that is not

subject to the federal Indian Gaming Regulatory Act".

(3) On page 1, line 20, strike "on the Texas-Mexico border" and substitute

"within counties of this state bordering the Republic of Mexico and that is not

subject to the federal Indian Gaming Regulatory Act".


CSHB 3333 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE HOWARD: Mr. Chavez, is it the intent of this legislation to

purchase one particular piece of property?

REPRESENTATIVE CHAVEZ: Yes, there is land adjacent to the Indian

reservation housing in El Paso that the Tigua tribe has been interested in. It has

been vacated by the Texas Department of Transportation since 2001. The current

statute doesn ’t allow the tribe to buy directly the property. It only allows public

entities with the authority to condemn the property, as well as the general public.

However, the federally recognized Tigua needs this legislation in order for them

to purchase the property at appraised value.

REPRESENTATIVE HOWARD: The second question. It is not the intent of this

legislation to allow Indian tribes, any Indian tribes, to purchase additional land

for gambling. Is that correct?

REPRESENTATIVE CHAVEZ: Yes, that ’s correct. The intent is not to purchasefor the purposes of Indian gaming property. The purpose is to purchase the

property that is within the tribal reservation—in between a parking lot, in

between residential housing— where the entire reservation of Tigua is.


Representative Howard moved to print remarks between Representative

Chavez and Representative Howard.



CSHB 3333, as amended, was passed to engrossment. (In accordance withHouse Rule 5, Section 51(b), every member present must have favored passageof the measure, but any member may register their position with the journal clerk.No members registered their position on this measure.)


The following member was granted leave of absence temporarily for todaybecause of important business:

Gallego on motion of Rodriguez.

CSHB 3071 ON SECOND READING(by Goodman)

CSHB 3071, A bill to be entitled An Act relating to the administration andcollection of ad valorem taxes; making procedural and technical corrections andclarifications to the Tax Code, Property Code, and Civil Practice and RemediesCode.

Amendment No. 1

Representatives Rodriguez and Goodman offered the following amendmentto CSHBi3071:

Amend CSHB 3071 by inserting the following appropriately numberedsections and renumbering the subsequent sections of the bill accordingly:

SECTIONi__.iiSection 6.035(a), Tax Code, is amended to read as follows:(a)iiAn individual is ineligible to serve on an appraisal district board of

directors and is disqualified from employment as chief appraiser if the individual:(1)iiis related within the second degree by consanguinity or affinity, as

determined under Chapter 573, Government Code, to an individual who isengaged in the business of appraising property for compensation for use inproceedings under this title or of representing property owners for compensationin proceedings under this title in the appraisal district; or

(2)iiowns property on which delinquent taxes have been owed to ataxing unit for more than 60 days after the date the individual knew or shouldhave known of the delinquency unless:

(A)iithe delinquent taxes and any penalties and interest are beingpaid under an installment payment agreement under Section 33.02; or

(B)iia suit to collect the delinquent taxes is deferred or abated underSection 33.06, 33.061, or 33.065.

SECTION __.iiSection 6.412(a), Tax Code, is amended to read as follows:(a)iiAn individual is ineligible to serve on an appraisal review board if the

individual:(1)iiis related within the second degree by consanguinity or affinity, as

determined under Chapter 573, Government Code, to an individual who isengaged in the business of appraising property for compensation for use inproceedings under this title or of representing property owners for compensationin proceedings under this title in the appraisal district for which the appraisalreview board is established; or


(2)iiowns property on which delinquent taxes have been owed to ataxing unit for more than 60 days after the date the individual knew or shouldhave known of the delinquency unless:

(A)iithe delinquent taxes and any penalties and interest are beingpaid under an installment payment agreement under Section 33.02; or

(B)iia suit to collect the delinquent taxes is deferred or abated underSection 33.06, 33.061, or 33.065.

SECTIONi__.iiSection 11.43, Tax Code, is amended by adding Subsections(l) and (m) to read as follows:

(l)iiThe form for an application under Section 11.13 must include a space forthe applicant to state the applicant ’s date of birth. Failure to provide the date ofbirth does not affect the applicant ’s eligibility for an exemption under thatsection, other than an exemption under Section 11.13(c) or (d) for an individual65 years of age or older.

(m)iiNotwithstanding Subsections (a) and (k), a person who receives anexemption under Section 11.13, other than an exemption under Section 11.13(c)or (d) for an individual 65 years of age or older, in a tax year is entitled to receivean exemption under Section 11.13(c) or (d) for an individual 65 years of age orolder in the next tax year on the same property without applying for theexemption if the person becomes 65 years of age in that next year as shown byinformation in the records of the appraisal district that was provided to theappraisal district by the individual in an application for an exemption underSection 11.13 on the property or in correspondence relating to the property. Thissubsection does not apply if the chief appraiser determines that the individual isno longer entitled to any exemption under Section 11.13 on the property.

SECTIONi__.iiSubchapter A, Chapter 33, Tax Code, is amended by addingSection 33.045 to read as follows:

Sec.i33.045.iiNOTICE OF PROVISIONS AUTHORIZING DEFERRALOR ABATEMENT. (a) A tax bill mailed by an assessor or collector under Section31.01 and any written communication delivered to a property owner by anassessor or collector for a taxing unit or an attorney or other agent of a taxing unitthat specifically threatens a lawsuit to collect a delinquent tax shall contain thefollowing explanation in capital letters: "IF YOU ARE 65 YEARS OF AGE OROLDER OR ARE DISABLED AND THE PROPERTY DESCRIBED IN THISDOCUMENT IS YOUR RESIDENCE HOMESTEAD, YOU SHOULDCONTACT THE APPRAISAL DISTRICT REGARDING ANYENTITLEMENT YOU MAY HAVE TO A POSTPONEMENT IN THEPAYMENT OF THESE TAXES".

(b)iiThis section does not apply to a communication that relates to taxes thatare the subject of pending litigation.

SECTIONi__.iiThe heading to Section 33.06, Tax Code, is amended to readas follows:

Sec.i33.06.iiDEFERRED COLLECTION OF TAXES ON RESIDENCEHOMESTEAD OF [ELDERLY OR] DISABLED PERSON.

SECTIONi__.iiSections 33.06(a) and (b), Tax Code, are amended to read asfollows:


(a)iiAn individual is entitled to defer collection of a tax, abate a suit tocollect a delinquent tax, or abate a sale to foreclose a tax lien if [the individual]:

(1)iithe individual [is 65 years of age or older or] is disabled as definedby Section 11.13(m); and

(2)iithe tax was imposed against property that the individual owns andoccupies as a residence homestead.

(b)iiTo obtain a deferral, an individual must file with the chief appraiser forthe appraisal district in which the property is located an affidavit stating the factsrequired to be established by Subsection (a). The chief appraiser shall notify eachtaxing unit participating in the district of the filing. After an affidavit is filedunder this subsection, a taxing unit may not file or threaten to file suit to collectdelinquent taxes on the property or take other action against the individual tocollect delinquent taxes on the property and the property may not be sold at a saleto foreclose the tax lien until the 181st day after the date the individual no longerowns and occupies the property as a residence homestead.

SECTIONi__.iiSubchapter A, Chapter 33, Tax Code, is amended by addingSection 33.061 to read as follows:

Sec.i33.061.iiAUTOMATIC DEFERRAL OR ABATEMENT OFCOLLECTION OF TAXES ON RESIDENCE HOMESTEAD OF ELDERLYPERSON. (a) This section applies only to property that an individual who is 65years of age or older owns and occupies as a residence homestead.

(b)iiA taxing unit may not file or threaten to file suit to collect delinquenttaxes on the property or take other action against the individual to collectdelinquent taxes on the property and the property may not be sold at a sale toforeclose the tax lien until the 181st day after the date the individual no longerowns and occupies the property as a residence homestead. This subsection doesnot prohibit a taxing unit or an attorney or other agent of a taxing unit fromdelivering to an individual a notice that delinquent taxes are owing on theindividual ’s residence homestead.

(c)iiIf property is sold in violation of this section, the property owner mayfile a motion to set aside the sale under the same cause number and in the samecourt as a judgment referenced in the order of sale. The motion must be filedduring the applicable redemption period as set forth in Section 34.21. This right isnot transferable to a third party.

(d)iiThis section does not affect the duty of the assessor for the taxing unit toprepare and mail a bill for the taxes on the property as provided by Section 31.01.A tax lien remains on the property and interest continues to accrue during theperiod that collection of taxes is deferred or abated under this section. The annualinterest rate during the period of deferral or abatement is eight percent instead ofthe rate provided by Section 33.01. Interest and penalties that accrued or thatwere incurred or imposed under Section 33.01 or 33.07 before the date theindividual attained the age of 65 are preserved. A penalty under Section 33.01 isnot incurred during a period of deferral or abatement. The additional penaltyunder Section 33.07 may be imposed and collected only if the taxes for whichcollection is deferred or abated remain delinquent on or after the 181st day after


the date the period of deferral or abatement expires. A plea of limitation, laches,or want of prosecution does not apply against the taxing unit because of a deferralor abatement of collection under this section.

(e)iiEach year the chief appraiser for each appraisal district shall publicize ina manner reasonably designed to notify all residents of the district or county ofthe provisions of this section.

(f)iiFor the first tax year that an individual who qualifies for a deferral orabatement under this section or a person acting on behalf of the individual fails topay the taxes on the property before the delinquency date, the collector for thetaxing unit, not later than the 15th day after the date the taxes become delinquent,shall mail the individual a notice in the following form:

"Dear Property Owner:"The records of (name of taxing unit) indicate that the (tax year) property

taxes on your home were not paid before the delinquency date. The law entitlesyou to an automatic deferral or abatement of those taxes. This means that thegovernmental entities that impose property taxes on your home may not sue you,threaten to sue you, sell your home at a tax sale, or take any other action to collectthe delinquent taxes if you elect not to pay them for as long as you continue toown and occupy your home. Your unpaid taxes will accrue interest at the rate ofeight percent per year, and the entire amount will become due and payable onceyou cease to own or occupy the home.

"You have the right to waive this deferral or abatement by filing a signedstatement with the chief appraiser of the (name of county) appraisal districtstating that you elect not to receive the deferral or abatement.

"Whether you choose to waive the deferral or abatement, you may pay yourproperty taxes voluntarily in any year. (Name of taxing unit) will continue to mailyou a tax bill each year so that you will know your tax liability. If your home issubject to a mortgage or deed of trust, you should consult with your mortgagelender or the beneficiary under your deed of trust before you elect to accept orwaive the deferral or abatement. Failure to pay taxes timely may violate yourmortgage or deed of trust.

"If you have any questions about this notice, please call or write us. Youmay also contact the state comptroller ’s property tax division at (currenttelephone number for the comptroller ’s property tax division)."

(g)iiA taxing unit shall include in a notice under Subsection (f) its name,address, and telephone number and any information necessary to identify theproperty but may not include any other information. The collector for a taxingunit who mails a notice under Subsection (f) to an individual who qualifies for adeferral or abatement under this section and whose taxes on the property for a taxyear are not paid before the delinquency date may mail a notice as provided bySubsection (f) for any subsequent tax year for which the individual ’s taxes on theproperty are not paid before that date.

(h)iiIf an individual who is 65 years of age or older dies, the deferral orabatement of the collection of taxes on the property continues in effect until the181st day after the date the surviving spouse of the individual no longer owns andoccupies the property as a residence homestead if:


(1)iithe property was the residence homestead of the deceased spousewhen the deceased spouse died;

(2)iithe surviving spouse was 55 years of age or older when thedeceased spouse died; and

(3)iithe property was the residence homestead of the surviving spousewhen the deceased spouse died.

(i)iiAn individual may elect not to receive a deferral or abatement under thissection. An individual who elects not to receive the deferral or abatement shallfile with the chief appraiser for the appraisal district in which the property islocated a written statement signed by the individual affirmatively stating that theindividual elects not to receive the deferral or abatement. The election is effectiveon the date the chief appraiser receives the individual ’s written statement. Thechief appraiser shall notify each taxing unit participating in the district of theindividual ’s election.

SECTIONi__.iiSection 33.43(a), Tax Code, is amended to read as follows:(a)iiA petition initiating a suit to collect a delinquent property tax is

sufficient if it alleges that:(1)iithe taxing unit is legally constituted and authorized to impose and

collect ad valorem taxes on property;(2)iitax in a stated amount was legally imposed on each separately

described property for each year specified and on each person named if knownwho owned the property on January 1 of the year for which the tax was imposed;

(3)iithe tax was imposed in the county in which the suit is filed;(4)iithe tax is delinquent;(5)iipenalties, interest, and costs authorized by law in a stated amount

for each separately assessed property are due;(6)iithe taxing unit is entitled to recover each penalty that is incurred

and all interest that accrues on delinquent taxes imposed on the property from thedate of the judgment to the date of the sale under Section 34.01 or under Section253.010, Local Government Code, as applicable, if the suit seeks to foreclose atax lien;

(7)iithe person sued owned the property on January 1 of the year forwhich the tax was imposed if the suit seeks to enforce personal liability;

(8)iithe person sued owns the property when the suit is filed if the suitseeks to foreclose a tax lien;

(9)iithe taxing unit asserts a lien on each separately described propertyto secure the payment of all taxes, penalties, interest, and costs due if the suitseeks to foreclose a tax lien;

(10)iiall things required by law to be done have been done properly bythe appropriate officials; [and]

(11)iithe attorney signing the petition or a person acting on theattorney ’s behalf has reviewed the records of the taxing unit or appraisal districtand that the records reviewed do not show that the property described in thepetition is the residence homestead of a person who is disabled or 65 years of ageor older; and


(12)iithe attorney signing the petition is legally authorized to prosecute

the suit on behalf of the taxing unit.

SECTIONi__.iiSection 403.302(d), Government Code, is amended to read

as follows:

(d)iiFor the purposes of this section, "taxable value" means the market value

of all taxable property less:

(1)iithe total dollar amount of any residence homestead exemptions

lawfully granted under Section 11.13(b) or (c), Tax Code, in the year that is the

subject of the study for each school district;

(2)iione-half of the total dollar amount of any residence homestead

exemptions granted under Section 11.13(n), Tax Code, in the year that is the

subject of the study for each school district;

(3)iithe total dollar amount of any exemptions granted before May 31,

1993, within a reinvestment zone under agreements authorized by Chapter 312,

Tax Code;

(4)iisubject to Subsection (e), the total dollar amount of any captured

appraised value of property that:

(A)iiis within a reinvestment zone created on or before May 31,

1999, or is proposed to be included within the boundaries of a reinvestment zone

as the boundaries of the zone and the proposed portion of tax increment paid into

the tax increment fund by a school district are described in a written notification

provided by the municipality or the board of directors of the zone to the

governing bodies of the other taxing units in the manner provided by Section

311.003(e), Tax Code, before May 31, 1999, and within the boundaries of the

zone as those boundaries existed on September 1, 1999, including subsequent

improvements to the property regardless of when made;

(B)iigenerates taxes paid into a tax increment fund created under

Chapter 311, Tax Code, under a reinvestment zone financing plan approved under

Section 311.011(d), Tax Code, on or before September 1, 1999; and

(C)iiis eligible for tax increment financing under Chapter 311, Tax

Code;

(5)iithe total dollar amount of any exemptions granted under Section

11.251, Tax Code;

(6)iithe difference between the comptroller ’s estimate of the market

value and the productivity value of land that qualifies for appraisal on the basis of

its productive capacity, except that the productivity value estimated by the

comptroller may not exceed the fair market value of the land;

(7)iithe portion of the appraised value of residence homesteads of

individuals who receive a tax limitation under Section 11.26, Tax Code, on which

school district taxes are not imposed in the year that is the subject of the study,

calculated as if the residence homesteads were appraised at the full value required

by law;

(8)iia portion of the market value of property not otherwise fully taxable

by the district at market value because of:


(A)iiaction required by statute or the constitution of this state that, ifthe tax rate adopted by the district is applied to it, produces an amount equal tothe difference between the tax that the district would have imposed on theproperty if the property were fully taxable at market value and the tax that thedistrict is actually authorized to impose on the property, if this subsection doesnot otherwise require that portion to be deducted; or

(B)iiaction taken by the district under Subchapter B or C, Chapter313, Tax Code;

(9)iithe market value of all tangible personal property, other thanmanufactured homes, owned by a family or individual and not held or used forthe production of income;

(10)iithe appraised value of property the collection of delinquent taxeson which is deferred under Section 33.06 or 33.061, Tax Code;

(11)iithe portion of the appraised value of property the collection ofdelinquent taxes on which is deferred under Section 33.065, Tax Code; and

(12)iithe amount by which the market value of a residence homestead towhich Section 23.23, Tax Code, applies exceeds the appraised value of thatproperty as calculated under that section.

SECTIONi__.iiSection 11.43(m), Tax Code, as added by this Act, appliesonly to eligibility for an exemption from ad valorem taxation under Section11.13(c) or (d), Tax Code, for an individual 65 years of age or older for a tax yearbeginning on or after January 1, 2006.


Amendment No. 2

Representative Villarreal offered the following amendment to CSHBi3071:

Amend CSHB 3071 as follows:On page __, after line __, insert the following appropriately numbered

sections:Section 1. Section 6.02(a), Tax Code, is amended to read as follows:The [(a) Except as otherwise provided by this section, the] appraisal

district ’s boundaries are the same as the county ’s boundaries. This section doesnot preclude the boards of directors of two or more adjoining appraisal districtsfrom providing for the operation of a consolidated appraisal district by interlocalcontract.

SECTION 2. Section 41.097(a), Education Code, is amended to read asfollows:

(a) The total amount required under Section 41.093 for a district to purchaseattendance credits under this subchapter for any school year is reduced by anamount equal to the product of the district ’s total costs under Section 6.06, TaxCode, for the [central] appraisal district or districts in which it participatesmultiplied by a percentage that is computed by dividing the total amount requiredunder Section 41.093 by the total amounts of taxes imposed in the district for thatyear less any amount paid into a tax increment fund under Chapter 311, TaxCode.


SECTION 3. Section 41.210(b), Education Code, is amended to read asfollows:

(b) As soon as practicable after the detachment and annexation of property,the chief appraiser of the appraisal district in which the property is located [forthe school district from which the property is detached] shall send a written noticeof the detachment and annexation to the owner of any property taxable in adifferent school district as a result of the detachment and annexation. The noticemust include the name of the school district by which the property is taxable afterthe detachment and annexation.

SECTION 4. The following statutes are repealed:(1) Section 13.007, Education Code;(2) Sections 6.02(b)-(g), Tax Code;(3) Section 6.025, Tax Code; and(4) Section 6.03(m), Tax Code.

SECTION 5. (a) The changes in law made by this Act relating to theappraisal of property for ad valorem tax purposes apply only to the appraisal ofproperty for a tax year that begins on or after January 1, 2006.

(b) The term of each appraisal district director in an appraisal districtdescribed by Section 6.025, Tax Code, as that law existed immediately beforeSeptember 1, 2005, serving a staggered term that but for this subsection wouldexpire after January 1, 2006, expires on January 1, 2006. The appraisal districtboard of directors shall fill the vacant directorships as soon as practicable afterJanuary 1, 2006, as provided by Section 6.03(1), Tax Code.

(c) Notwithstanding Section 6.03, Tax Code, a taxing unit is entitled to votein 2005 for appraisal district directors for terms beginning on January 1, 2006, ineach appraisal district in which the taxing unit will participate in 2006 under thelaw as amended by this Act. The voting entitlement of each taxing unit entitled tovote for directors in 2005 is determined for each appraisal district by dividing thetotal dollar amount of property taxes imposed by the taxing unit for the 2004 taxyear in the county for which the appraisal district is established by the sum of thetotal dollar amount of property taxes imposed in that county for that year by eachtaxing unit that is entitled to vote for directors of that appraisal district under thissubsection in 2005, by multiplying the quotient by 1,000, and by rounding theproduct to the nearest whole number. That number is multiplied by the number ofdirectorships to be filled. A taxing unit located in two or more counties is entitledto vote in the appraisal district established for each county in which it is located,but only the taxes imposed in 2004 in the county for which a district isestablished are used to calculate the 2005 voting entitlement in that district.

(d) Notwithstanding Section 6.06, Tax Code, not later than September 15,2005, the chief appraiser of each appraisal district shall revise the proposed 2006budget for the district, if necessary, to account for the changes in law made bythis Act.

(e) Notwithstanding Section 6.06, Tax Code, for the 2006 tax year, eachtaxing unit participating in an appraisal district in 2006 is allocated a portion ofthe amount of the 2006 budget for the district equal to the proportion that the totaldollar amount of property taxes imposed in the county for which the district is


established by the unit for the 2005 tax year bears to the sum of the total dollaramount of property taxes imposed in the county by each participating unit for thatyear. If a taxing unit participates in two or more appraisal districts in 2006, onlythe 2005 taxes imposed in the county for which a district is established are usedto calculate the unit ’s cost allocations for 2006 in that district.

SECTION 6. (a) Except as provided by Subsection (b) of this section, thisAct takes effect January 1, 2006.

(b) Section___ of this Act [beginning on page 2, line 11 of this amendment]takes effect September 1, 2005.



HB 2030 ON SECOND READING(by Nixon)

HB 2030, A bill to be entitled An Act relating to defining residency forpurposes of eligibility to hold or be a candidate for public office.


Amendment No. 1

Representative Nixon offered the following amendment to HBi2030:

Amend HB 2030 as follows:(1)iiOn page 1, strike lines 21-24.(2)iiOn page 2, line 1, strike "(d)" and substitute "(c)".(3)iiOn page 2, strike lines 7-8 and substitute "exemption;".(4)iiOn page 2, strike lines 14-24 and substitute the following:

(3)iiat that time or during that period, the person identifies the address ofa residence outside the territory as the person ’s residence address, or fails toidentify the address of a residence inside the territory as the person ’s residenceaddress if required to identify the person ’s residence address, on any of thefollowing:

(A)iia tax return, application, notice, or other document related totaxes that the person files with or delivers to a governmental entity in accordancewith law; or

(B)iian application, report, or other document that the personsubmits in accordance with law or is required by law to submit to:

(i)iia governmental entity for any purpose; or(ii)iia political party in connection with the person ’s status as a

candidate for public office.


Amendment No. 2

Representative Hilderbran offered the following amendment to HBi2030:


Amend HB 2030 by adding the following appropriately numbered section tothe bill and renumbering the remaining sections appropriately:

SECTIONi___.ii(a) Section 141.001(a), Election Code, is amended to readas follows:

(a)iiTo be eligible to be a candidate for, or elected or appointed to, a publicelective office in this state, a person must:

(1)iibe a United States citizen;(2)iibe 18 years of age or older on the first day of the term to be filled at

the election or on the date of appointment, as applicable;(3)iihave not been determined mentally incompetent by a final judgment

of a court;(4)iihave not been finally convicted of a felony from which the person

has not been pardoned or otherwise released from the resulting disabilities;(5)iihave resided continuously in the state for two years [12 months] and

in the territory from which the office is elected for one year [six months]immediately preceding the following date:

(A)iifor a candidate whose name is to appear on a general primaryelection ballot, the date of the regular filing deadline for a candidate ’s applicationfor a place on the ballot;

(B)iifor an independent candidate, the date of the regular filingdeadline for a candidate ’s application for a place on the ballot;

(C)iifor a write-in candidate, the date of the election at which thecandidate ’s name is written in;

(D)iifor a party nominee who is nominated by any method otherthan by primary election, the date the nomination is made; and

(E)iifor an appointee to an office, the date the appointment is made;[and]

(6)iinot have been convicted of an offense under Section 141.040 in theprevious 24 months; and

(7)iisatisfy any other eligibility requirements prescribed by law for theoffice.

(b)iiSection 141.002(a), Election Code, is amended to read as follows:(a)iiInstead of the one year [six-month] residence requirement prescribed by

Section 141.001(a)(5), a candidate for or appointee to a precinct office must be aresident of the precinct on the date prescribed by Section 141.001(a)(5) and musthave resided continuously in the county in which the precinct is located for oneyear [six months] immediately preceding that date if an order creating theprecinct or changing the boundary of the precinct:

(1)iiwas adopted less than 13 [seven] months before that date; or(2)iiwas in litigation at any time during the 13th [seventh] month

immediately preceding that date.(c)iiSection 141.003, Election Code, is amended to read as follows:Sec.i141.003.iiAGE AND RESIDENCE REQUIREMENTS FOR

HOME-RULE CITY OFFICE. (a) Different age and residence requirementsfrom those prescribed by Section 141.001 may be prescribed by a home-rule city


charter, but a minimum age may not be more than 21 years and a minimumlength of residence in the state or city may not be more than two years [12months] immediately preceding election day.

(b)iiA charter provision is void if it prescribes a minimum age requirementof more than 21 years or a minimum length of residence requirement of morethan two years [12 months].

(d)iiSection 141.031, Election Code, is amended to read as follows:Sec.i141.031.iiGENERAL REQUIREMENTS FOR APPLICATION. A

candidate ’s application for a place on the ballot that is required by this code must:(1)iibe in writing;(2)iibe signed and sworn to by the candidate and indicate the date that

the candidate swears to the application;(3)iibe timely filed with the appropriate authority; and(4)iiinclude:

(A)iithe candidate ’s name;(B)iithe candidate ’s occupation;(C)iithe office sought, including any place number or other

distinguishing number;(D)iian indication of whether the office sought is to be filled for a

full or unexpired term if the office sought and another office to be voted on havethe same title but do not have place numbers or other distinguishing numbers;

(E)iia statement that the candidate is a United States citizen;(F)iia statement that the candidate has not been determined mentally

incompetent by a final judgment of a court;(G)iia statement that the candidate has not been finally convicted of

a felony from which the candidate has not been pardoned or otherwise releasedfrom the resulting disabilities;

(H)iithe candidate ’s date of birth;(I)iithe candidate ’s residence address or, if the residence has no

address, the address at which the candidate receives mail and a concisedescription of the location of the candidate ’s residence;

(J)iithe candidate ’s length of continuous residence in the state andin the territory from which the office sought is elected as of the date the candidateswears to the application;

(K)iithe statement: "I, __________, of __________ County, Texas,being a candidate for the office of __________, swear that I will support anddefend the constitution and laws of the United States and of the State of Texas";[and]

(L)iia statement that the candidate is aware of the nepotism law,Chapter 573, Government Code; and

(M)iithe statement: "I, __________, of __________ County, Texas,being a candidate for the office of __________, swear that I am not currentlyviolating the constitution or laws of the United States and of the State of Texas.".

(e)iiSubchapter B, Chapter 141, Election Code, is amended by addingSection 141.040 to read as follows:


Sec.i141.040.iiPROVIDING FALSE INFORMATION ON APPLICATION.(a) A person commits an offense if the person knowingly provides falseinformation on an application for a place on the ballot.

(b)iiAn offense under this section is a Class A misdemeanor.(f)iiThe changes in law made by this section apply only to the eligibility

requirements for a candidate whose term of office will begin on or after theeffective date of this Act. The eligibility requirements for a candidate whose termof office will begin before the effective date of this Act are governed by the lawin effect immediately before the effective date of this Act, and the former law iscontinued in effect for that purpose.


Amendment No. 3

Representative Zedler offered the following amendment to HBi2030:

Amend HB 2030 on page 2, between lines 23 and 24 by inserting a newSubsection (e) to read as follows:

(e) Subsection (d)(1) does not apply for a period of one year following theelection of a person to an office elected by district if:

(1) the person previously met the residency requirements for election inthe district; and

(2) the person no longer meets the requirements as a result of theredrawing of districts used to elect members to the legislature or the governingbody of a political subdivision.


Amendment No. 4

Representative Grusendorf offered the following amendment to HBi2030:

Amend HB 2030 on page 2, line 15, by inserting "other than the person ’sbusiness address" between "residence" and "outside"



The vote of the house was taken on passage to engrossment of HB 2030 andthe vote was announced yeas 65, nays 70.

A verification of the vote was requested and was granted.

The roll of those voting yea and nay was again called and the verified voteresulted, as follows (Record 600): 68 Yeas, 66 Nays, 1 Present, not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bonnen; Brown, B.;Callegari; Campbell; Casteel; Chisum; Cook, B.; Crabb; Crownover; Davis, J.;Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn; Gattis; Grusendorf;Hardcastle; Harper-Brown; Hartnett; Hilderbran; Hope; Howard; Hunter; Hupp;Jackson; Keel; Keffer, B.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel;Laubenberg; Madden; McCall; McReynolds; Miller; Morrison; Nixon; Orr; Otto;


Paxton; Phillips; Pitts; Raymond; Reyna; Riddle; Seaman; Solomons; Straus;Swinford; Talton; Taylor; Truitt; Uresti; Van Arsdale; West; Wong; Woolley;Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Bohac; Brown, F.; Burnam;Castro; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Edwards;Eiland; Escobar; Farabee; Farrar; Flores; Frost; Geren; Giddings; Gonzales;Gonzalez Toureilles; Goodman; Goolsby; Griggs; Guillen; Haggerty; Hamilton;Hamric; Hegar; Hill; Hochberg; Homer; Hopson; Hughes; Jones, D.; Jones, J.;Laney; Leibowitz; Luna; Martinez; Martinez Fischer; Merritt; Moreno, P.;Mowery; Naishtat; Noriega, M.; Oliveira; Pickett; Puente; Quintanilla; Ritter;Rodriguez; Rose; Smith, T.; Smith, W.; Solis; Strama; Thompson; Turner;Veasey; Villarreal; Vo.


Absent, Excused — Corte; Dunnam; Gallego; Hodge.

Absent — Branch; Dutton; Herrero; Isett; Keffer, J.; McClendon;Menendez; Olivo; Pena; Smithee.

The speaker stated that HB 2030, as amended, passed to engrossment by theabove vote.

STATEMENT OF VOTE

When Record No. 600 was taken, I was temporarily out of the housechamber. I would have voted no.

Herrero

LEAVES OFABSENCE GRANTED

The following member was granted leave of absence for the remainder oftoday because of important business:

Branch on motion of Homer.

The following member was granted leave of absence for the remainder oftoday because of important business in the district:

Pena on motion of Deshotel.

CSHB 2593 ON SECOND READING(by Baxter)

CSHB 2593, A bill to be entitled An Act relating to the TexasOnline project,the TexasOnline Authority, and related powers and fees.

Representative Baxter moved to postpone consideration of CSHBi2593until 10 a.m. tomorrow.


COMMITTEES GRANTED PERMISSION TOMEET

Representative Denny requested permission for the Committee on Electionsto meet while the house is in session at 6:45 p.m. today, in 3W.9, for a formalmeeting, to consider SB 427 and SB 1052.



Representative Flores requested permission for the Committee on Licensingand Administrative Procedures to meet while the house is in session at 7 p.m.today, in 3W.9, for a formal meeting.


COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

Elections, 6:45 p.m. today, 3W.9, for a formal meeting, to consider SB 427and SB 1052.

Elections, public hearing posted for upon adjournment today, is cancelled.

Licensing and Administrative Procedures, 7 p.m. today, 3W.9, for a formalmeeting, to consider SB 269, SBi381, SB 382, SB 443, SB 624, SB 1255,SBi1626, and SB 1246.

HB 2988 ON SECOND READING(by Nixon)

HB 2988, A bill to be entitled An Act relating to waiver of sovereignimmunity.

HBi2988 was passed to engrossment. (In accordance with House Rule 5,Section 51(b), every member present must have favored passage of the measure,but any member may register their position with the journal clerk. No membersregistered their position on this measure.)

CSHB 2702 ON SECOND READING(by Krusee)

CSHB 2702, A bill to be entitled An Act relating to the construction,acquisition, financing, maintenance, management, operation, ownership, andcontrol of rail and highway transportation facilities in this state.

Amendment No. 1

Representative Krusee offered the following amendment to CSHBi2702:

Amend CSHB 2702 on page 2 by striking lines 7-11 and substituting:(c)iiSubsection (b) does not apply to money appropriated or allocated:

(1)iifor a fixed rail guideway system constructed by a transit authoritydescribed by Chapter 451, a transportation authority described by Chapter 452 or460, or a transit department described by Chapter 453; or

(2)iifor use by:(A)iia port authority or navigation district created or operating

under Section 52, Article III, or Section 59, Article XVI, Texas Constitution; or(B)iia district created under Chapter 623, Acts of the 67th

Legislature, Regular Session, 1981 (Article 6550c, Vernon ’s Texas CivilStatutes).



Amendment No. 2

Representative Krusee offered the following amendment to CSHBi2702:Amend CSHB 2702 as follows:(1)iiStrike SECTION 5 of the bill (page 3, line 25 through page 4, line 3)

and renumber subsequent SECTIONS accordingly.(2)iiOn page 7, line 17, strike "Subsections (d) and (e)" and substitute

"Subsection (d)".(3)iiStrike page 7, lines 18-26.(4)iiOn page 7, line 27, strike "(e)" and substitute "(d)".(5)iiStrike SECTION 28 of the bill (page 20, line 22, through page 21, line

5) and renumber subsequent SECTIONS accordingly.(6)iiAdd the following appropriately numbered SECTIONS to the bill and

renumber subsequent SECTIONS accordingly:SECTIONi__.iiSection 25.06, Tax Code, is amended by adding Subsection

(c) to read as follows:(c)iiThis section does not apply to:

(1)iiany portion of a facility owned by the Texas Department ofTransportation that is part of the Trans-Texas Corridor, is a rail facility or system,or is a highway in the state highway system and that is licensed or leased to aprivate entity by that department under Chapter 91, 227, or 361, TransportationCode; or

(2)iia leasehold or other possessory interest granted by the TexasDepartment of Transportation in a facility owned by that department that is partof the Trans-Texas Corridor, is a rail facility or system, or is a highway in thestate highway system.

SECTIONi__.iiSection 25.07, Tax Code, is amended by adding Subsection(c) to read as follows:

(c)iiSubsection (a) does not apply to:(1)iiany portion of a facility owned by the Texas Department of

Transportation that is part of the Trans-Texas Corridor, is a rail facility or system,or is a highway in the state highway system and that is licensed or leased to aprivate entity by that department under Chapter 91, 227, or 361, TransportationCode; or

(2)iia leasehold or other possessory interest granted by the TexasDepartment of Transportation in a facility owned by that department that is partof the Trans-Texas Corridor, is a rail facility or system, or is a highway in thestate highway system.


Amendment No. 3


Amend CSHB 2702 on page 5, lines 8 and 9, by striking "entity designatedby an agency of the United States without monetary consideration" andsubstituting "appropriate public agency or private entity, with or withoutmonetary consideration,".



Amendment No. 4


Amend CSHB 2702 as follows:(1)iiOn page 6, lines 3 and 4, strike "severed tract or either part of the" and

substitute "remainder or any part of a".(2)iiOn page 6, line 5, strike "The" and substitute "Except as provided by

Subsection (f), the".(3)iiOn page 6, lines 12 and 13, strike "Subsection (a)" and substitute

"Section 203.051, if the acquisition severs an owner ’s real property".(4)iiOn page 7, between lines 10 and 11, insert:(f)iiThe department is not required to make an offer on a remainder under

Subsection (a) if an appraisal or environmental investigation indicates thepresence of hazardous materials or substances.

(5)iiOn page 12, line 7, strike "the severed tract" and substitute "a severedtract".

(6)iiOn page 12, lines 15 and 16, strike "Subsection (a)" and substitute"Section 227.041, if the acquisition severs an owner ’s real property".

(7)iiOn page 26, strike lines 22 through 25.


Amendment No. 5


Amend CSHB 2702 as follows:(1)iiOn page 17, line 19, between "revenue" and "collected" insert "or other

revenue derived from a turnpike project that is".(2)iiOn page 17, line 20, between "chapter" and the colon insert "and any

payment received by the department under a comprehensive developmentagreement for a turnpike project".


(Dunnam now present)



Land and Resource Management, tonight ’s public hearing is cancelled.CSHB 2702 - (consideration continued)

Amendment No. 6

Representative Harper-Brown offered the following amendment toCSHBi2702:

Amend CSHB 2702 as follows:(1) At page 7, line 11, of the committee substitute, insert a new SECTION

11 to read as follows, and renumber subsequent sections accordingly:


"SECTION 11. Section 203.092, Transportation Code, is amended as

follows:

(a) A utility shall make a relocation of a utility facility at the expense of this

state if:

(1) relocation of the utility facility is required by improvement of a

highway in this state established by appropriate authority as part of the National

System of Interstate and Defense Highways and the relocation is eligible for

federal participation; [or]

(2) relocation of the utility facility is required by improvement of any

segment of the state highway system and the utility has a compensable property

interest in the land occupied by the facility to be relocated; or

(3) relocation of the utility facility is required by any improvement,

extension, or expansion of the state highway system that has been designated or

is converted to a toll project, rail facility, turnpike project, or system as defined in

any title under this code, regardless of the timing of the conversion.

(b) By agreement with the utility the department may relocate the utility

facility in accordance with this section.

(c) Subsection (a) includes a relocation for an extension of a highway in an

urban area.

(d) The cost of relocation includes the entire amount paid by the utility

properly attributable to the relocation less:

(1) any increase in the value of the new facility;

(2) the salvage value derived from the old facility; and

(3) any other deduction established by regulations for federal cost

participation.

(e) To the extent any public utility was not reimbursed previously for the

relocation, removal, or adjustment of public utility facilities on, across, or along

the toll project, rail facility, turnpike project, or system as provided in subsection

(a), any entity to which the project, facility, or system is to be transferred shall

reimburse the public utility."

Amendment No. 7

Representative Harper-Brown offered the following amendment to

Amendment No.i6:

Amend Floor Amendment No. 6 by Harper-Brown to CSHB 2702 as

follows:

(1) Strike page 1, line 22, and substitute "if the relocation was begun not

later than one year before the date of the designation or conversion.

(2) On page 1, at the end of line 38, add "This subsection applies only to a

relocation, removal, or adjustment that was begun one year before the date of the

transfer."


Amendment No. 6, as amended, was adopted.


Amendment No. 8

Representatives Kolkhorst, R. Cook, and Hegar offered the following

amendment to CSHBi2702:


(1) On page 9, line 7, strike "227.032 and 227.033" and substitute "227.032,

227.033, and 227.034".

(2) On page 10, between lines 23 and 24, insert:

Sec. 227.034. PROHIBITION AGAINST LIMITING CONSTRUCTION

OF TRANSPORTATION PROJECTS. (a) A contract for the acquisition,

construction, maintenance, or operation of a facility on the Trans-Texas Corridor

may not contain a provision that limits or prohibits construction or operation of a

highway or other transportation project that is:

(1) included in the unified transportation program of the department;

(2) a project of a local government; or

(3) constructed or operated for the safety of pedestrian or vehicular

traffic.

(b) In this section, "transportation project" has the meaning assigned by

Section 370.003.


Amendment No. 9

Representatives Hegar, Kolkhorst, and R. Cook offered the following


Amend CSHB 2702 on page 13, line 9, by striking "the" and substituting

"each".


Amendment No. 10

Representatives Hegar, Kolkhorst, and R. Cook offered the following


Amend CSHB 2702 on page 19 as follows:

(1)iiOn line 14, strike "(c), (d), and (e)" and substitute "(c), (d), (e), and (f)".

(2)iiBetween lines 24 and 25, insert:

(f)iiElectronic toll collection customer account information, including

contact and payment information and trip data, is confidential and not subject to

disclosure under Chapter 552, Government Code.


Amendment No. 11

Representative Elkins offered the following amendment to CSHBi2702:

Amend CSHB 2702 on page 28, line 27, by striking "and 370.163(b)" and

substituting "370.163(b), and 542.202(b)(3)".


Amendment No. 12

Representative Isett offered the following amendment to AmendmentNo.i11:

Amend the Elkins Amendment to CSHB 2702 by adding the followingsections and renumbering the subsequent sections appropriately.

SECTION __ The heading to Section 542.203, Transportation Code, isamended to read as follows:

Sec. 542.203. LIMITATIONS [LIMITATION] ON LOCALAUTHORITIES.

SECTION __ Section 542.203, Transportation Code, is amended by addingSubsections (d) and (e) to read as follows:

(d) A local authority may not implement or operate a photographic trafficsignal enforcement system with respect to a highway under its jurisdiction. Theattorney general shall enforce this subsection.

(e) In this section, "photographic traffic signal enforcement system" meansa system that:

(1) consists of a camera system and vehicle sensor installed toexclusively work in conjunction with an electrically operated traffic-controlsignal;

(2) is capable of producing one or more recorded photographic ordigital images that depict the license plate attached to the front or the rear of amotor vehicle that is not operated in compliance with the instructions of thetraffic-control signal; and

(3) is designed to enforce compliance with the instructions of thetraffic-control signal by imposition of a civil or administrative penalty against theowner of the motor vehicle.

SECTION __ Section 542.202(b)(3), Transportation Code, is repealed.


Amendment No. 11, as amended, was adopted.

Amendment No. 13

Representative Phillips offered the following amendment to CSHBi2702:

Amend CSHB 2702 by striking SECTION 27 of the bill (page 20, lines3-21), and substitute the following:

SECTION 27. Section 361.3022, Transportation Code, is amended byadding Subsections (e-1) and (e-2) and amending Subsections (f), (i), and (j) toread as follows:

(e-1) Notwithstanding the requirements of this section, the department mayprequalify a private entity to submit a detailed proposal to provide services undera design-build contract. The department is not required to publish a request underSubsection (c) for a design-build contract, and may enter into a design-buildcontract based solely on an evaluation of detailed proposals submitted in responseto a request under Subsection (f) by prequalified private entities. Thecommission shall adopt rules establishing criteria for the prequalification of aprivate entity that include the precertification requirements applicable to


providers of engineering services and the qualification requirements for bidderson highway construction contracts. Rules for design-build projects adoptedpursuant to this subsection shall also provide for an expedited selection processless costly to proposers, reasonable bonding requirements, appropriate sharing ofrisks, and incentives for proposers to develop innovative ideas.

(e-2) In this section, "design-build contract" means a comprehensivedevelopment agreement that includes the design and construction of a turnpikeproject, does not include the financing of a turnpike project, and may include theacquisition, maintenance, or operation of a turnpike project.

(f) The department shall issue a request for detailed proposals from allprivate entities qualified under Subsection (e) or (e-1) if the department proceedswith the further evaluation of a proposed project. A request under this subsectionmay require additional information relating to:

(1) the private entity ’s qualifications and demonstrated technicalcompetence;

(2) the feasibility of developing the project as proposed;(3) detailed engineering or architectural designs;(4) the private entity ’s ability to meet schedules;(5) costing methodology; or(6) any other information the department considers relevant or

necessary.(i) The department may enter into negotiations [discussions] with the

private entity whose proposal offers the apparent best value for the purpose ofestablishing the final terms of a comprehensive development agreement. [Thediscussions shall be limited to:

[(1) incorporation of aspects of other proposals for the purpose ofachieving the overall best value for the department;

[(2) clarifications and minor adjustments in scheduling, cash flow, andsimilar items; and

[(3) matters that have arisen since the submission of the proposal.](j) If at any point in negotiations [discussions] under Subsection (i) [,] it

appears to the department that the highest ranking proposal will not provide thedepartment with the overall best value, the department may enter intonegotiations [discussions] with the private entity submitting the next-highestranking proposal.

Amendment No. 13 was adopted. (Hegar, Keel, and Kolkhorst recordedvoting no.)

Amendment No. 14

Representatives Hegar, Kolkhorst, and R. Cook offered the followingamendment to CSHBi2702:

Amend CSHB 2702 by adding the following appropriately numberedSECTION and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.iiSubchapter A, Chapter 227, Transportation Code, isamended by adding Section 227.004 to read as follows:


Sec.i227.004.iiREPORTS. (a) The department shall periodically preparereports detailing:

(1)iithe reasons for the immediate and future needs for each mode oftransportation in each segment of a Trans-Texas Corridor project; and

(2)iithe reasonableness and necessity for each mode of transportation ineach segment of a Trans-Texas Corridor project in the report.

(b)iiNot later than the seventh day before the date the department submits aTier 1 environmental impact statement and not later than the 90th day before thedepartment submits a Tier 2 environmental impact statement to the federalgovernment for any segment of a Trans-Texas Corridor route, the departmentshall:

(1)iipost the most recent applicable report required by Subsection (a) onthe department ’s Internet website; and

(2)iiprovide a copy of the report to each state senator or representativewho represents all or part of the area in which the segment of the route is locatedand the commissioners court of each county in which the segment of the route islocated.


Amendment No. 15

Representatives R. Cook, Hegar, and Kolkhorst offered the followingamendment to CSHBi2702:

Amend CSHB 2702 by adding the following appropriately numberedSECTION to the bill and renumbering subsequent SECTIONS of the billaccordingly:

SECTIONi___.iiSubchapter D, Chapter 227, Transportation Code, isamended by adding Section 227.0415 to read as follows:

Sec.i227.0415.iiDEVELOPMENT RIGHTS. (a) In connection with theacquisition of property located in an existing or planned segment of theTrans-Texas Corridor for the purpose of providing a location for an ancillaryfacility, the owner of the property to be acquired may elect to retain the right todevelop the property in accordance with the department ’s development plans. Ifmore than one person owns an interest in the property, the election under thissubsection must be made by unanimous written consent of all persons who ownan interest in the property.

(b)iiIf the owner does not develop the property within the time period set outin the department ’s development plans, the department may acquire thedevelopment rights for the property by purchase or condemnation.

(c)iiProperty that is developed by the owner under this section is not exemptfrom ad valorem taxation and is subject to local zoning regulations and buildingstandards.


Amendment No. 16



Amend CSHB 2702 by adding the following appropriately numbersSECTIONS to the bill and renumbering the subsequent SECTIONS accordingly:

SECTIONi__.iiSubchapter A, Chapter 284, Transportation Code, isamended by adding Section 284.011 to read as follows:

Sec.i284.011.iiTRANSFER OF ASSETS. (a) A county, acting through thecommissioners court of the county, may submit a request to the commission forauthorization to create a regional mobility authority under Chapter 370 and totransfer all projects under this chapter to the regional mobility authority if:

(1)iithe creation of the regional mobility authority and transfer ofprojects is not prohibited under the bond proceedings applicable to the projects;

(2)iiadequate provision has been made for the assumption by theregional mobility authority of all debts, obligations, and liabilities of the countyarising out of the transferred projects; and

(3)iithe commissioners courts of any additional counties to be part of theregional mobility authority have approved the request.

(b)iiThe county may submit to the commission a proposed structure for theinitial board of directors of the regional mobility authority and a method forappointment to the board of directors at the creation of the regional mobilityauthority. Subsequent appointments to the board of directors are subject to therequirements of Subchapter F, Chapter 370.

(c)iiAfter commission authorization, the county may transfer each of itsprojects under this chapter to the regional mobility authority to the extentauthorized by the Texas Constitution if property and contract rights in the projectsand bonds issued for the projects are not affected unfavorably.

(d)iiThe commission shall adopt rules governing the creation of a regionalmobility authority and the transfer of projects under this section.

SECTIONi__.iiSection 366.004(a), Transportation Code, is amended to readas follows:

Sec.i366.004.iiCONSTRUCTION COSTS DEFINED. (a) The cost ofacquisition, construction, improvement, extension, or expansion of a turnpikeproject or system under this chapter includes the cost of:

(1)iithe actual acquisition, construction, improvement, extension, orexpansion of the turnpike project or system;

(2)iithe acquisition of real property, rights-of-way, property rights,easements, and other interests in real property;

(3)iimachinery and equipment;(4)iiinterest payable before, during, and after acquisition, construction,

improvement, extension, or expansion as provided in the bond proceedings;(5)iitraffic estimates, revenue estimates, engineering and legal services,

plans, specifications, surveys, appraisals, construction cost estimates, and otherexpenses necessary or incidental to determining the feasibility of the construction,improvement, extension, or expansion;

(6)iinecessary or incidental administrative, legal, and other expenses;(7)iicompliance with laws, regulations, and administrative rulings;(8)iifinancing; [and]


(9)iithe assumption of debts, obligations, and liabilities of an entityrelating to a turnpike project or system transferred to an authority by that entity;and

(10)i[(9)]iiexpenses related to the initial operation of the turnpikeproject or system.

SECTIONi__.iiSection 366.033, Transportation Code, is amended byadding Subsection (k) to read as follows:

(k)iiAn authority, acting through its board, may agree with another entity toacquire a turnpike project or system from that entity, and to assume any debts,obligations, and liabilities of the entity relating to a turnpike project or systemtransferred to the authority.

SECTIONi__.iiSubchapter B, Chapter 366, Transportation Code, isamended by adding Section 366.036 to read as follows:

Sec.i366.036.iiTRANSFER OF TURNPIKE PROJECT OR SYSTEM. (a)An authority may transfer any of its turnpike projects or systems to one or morelocal governmental entities if:

(1)iithe authority has commitments from the governing bodies of thelocal governmental entities to assume jurisdiction over the transferred projects orsystems;

(2)iiproperty and contract rights in the transferred projects or systemsand bonds issued for the projects or systems are not affected unfavorably;

(3)iithe transfer is not prohibited under the bond proceedings applicableto the transferred projects or systems;

(4)iiadequate provision has been made for the assumption of all debts,obligations, and liabilities of the authority relating to the transferred projects orsystems by the local governmental entities assuming jurisdiction over thetransferred projects or systems;

(5)iithe local governmental entities are authorized to assume jurisdictionover the transferred projects or systems, and to assume the debts, obligations, andliabilities of the authority relating to the transferred projects or systems; and

(6)iithe transfer has been approved by the commissioners court of eachcounty that is part of the authority.

(b)iiAn authority may transfer to one or more local governmental entitiesany traffic estimates, revenue estimates, plans, specifications, surveys, appraisals,and other work product developed by the authority in determining the feasibilityof the construction, improvement, extension, or expansion of a turnpike project orsystem, and the authority ’s rights and obligations under any related agreements, ifthe requirements of Subsection (a)(1) and (6) are met.

(c)iiA local governmental entity shall, using any lawfully available funds,reimburse any expenditures made by an authority from its feasibility study fundor otherwise pay the costs of work product transferred to the local governmentalentity under Subsection (b), and any other amounts expended under relatedagreements transferred to the local governmental entity. The reimbursement maybe made over time, as determined by the local governmental entity and theauthority.


SECTIONi__.iiSection 370.003, Transportation Code, is amended byamending Subdivision (14) and adding Subdivisions (16), (17), (18), and (19) toread as follows:

(14)ii"Transportation project" means:(A)iia turnpike project;(B)iia system;(C)iia passenger or freight rail facility, including:

(i)iitracks;(ii)iia rail line;(iii)iiswitching, signaling, or other operating equipment;(iv)iia depot;(v)iia locomotive;(vi)iirolling stock;(vii)iia maintenance facility; and(viii)iiother real and personal property associated with a rail

operation;(D)iia roadway with a functional classification greater than a local

road or rural minor collector;(E)iia ferry;(F)iian airport;(G)iia pedestrian or bicycle facility;(H)iian intermodal hub;(I)iian automated conveyor belt for the movement of freight;(J)iia border crossing inspection station;(K)iian air quality improvement initiative;(L)iia public utility facility; [and](M)iia transit system; and(N)iiif applicable, projects and programs listed in the most recently

approved state implementation plan for the area covered by the authority,including an early action compact.

(16)ii"Mass transit" means the transportation of passengers andhand-carried packages or baggage of a passenger by any means of surface,overhead, or underground transportation, other than an aircraft or taxicab.

(17)ii"Service area" means the county or counties in which an authorityor transit provider has established a transit system.

(18)ii"Transit provider" means an entity that provides mass transit forthe public and that was created under Chapter 451, 452, 453, 454, 457, 458, or460.

(19)ii"Transit system" means:(A)iiproperty owned or held by an authority for mass transit

purposes; and(B)iifacilities necessary, convenient, or useful for:

(i)iithe use of or access to mass transit by persons or vehicles;or

(ii)iithe protection or environmental enhancement of masstransit.


SECTIONi__.iiSection 370.004(a), Transportation Code, is amended to read

as follows:

Sec.i370.004.iiCONSTRUCTION COSTS DEFINED. (a) The cost of

acquisition, construction, improvement, extension, or expansion of a

transportation project under this chapter includes the cost of:

(1)iithe actual acquisition, construction, improvement, extension, or

expansion of the transportation project;

(2)iithe acquisition of real property, rights-of-way, property rights,

easements, and other interests in real property;

(3)iimachinery and equipment;

(4)iiinterest payable before, during, and for not more than three years

after acquisition, construction, improvement, extension, or expansion as provided

in the bond proceedings;

(5)iitraffic estimates, revenue estimates, engineering and legal services,

plans, specifications, surveys, appraisals, construction cost estimates, and other

expenses necessary or incidental to determining the feasibility of the acquisition,

construction, improvement, extension, or expansion;

(6)iinecessary or incidental administrative, legal, and other expenses;

(7)iicompliance with laws, regulations, and administrative rulings,

including any costs associated with necessary environmental mitigation

measures;

(8)iifinancing; [and]

(9)iithe assumption of debts, obligations, and liabilities of an entity

relating to a transportation project transferred to an authority by that entity; and

(10)i[(9)]iiexpenses related to the initial operation of the transportation

project.

SECTIONi__.iiSection 370.031, Transportation Code, is amended by

adding Subsection (c) to read as follows:

(c)iiA municipality that borders the United Mexican States and has a

population of 500,000 or more has the same authority as a county to create and

participate in an authority. A municipality creating or participating in an authority

has the same powers and duties as a county participating in an authority, the

governing body of the municipality has the same powers and duties as the

commissioners court of a county participating in an authority, and an elected

member of the municipality ’s governing body has the same powers and duties as

a commissioner of a county that is participating in an authority.


amending Subsection (m) and adding Subsections (o) and (p) to read as follows:

(m)iiIf an authority receives money from the general revenue fund, the

Texas Mobility Fund, or the state highway fund it may use the money only to

acquire, design, finance, construct, operate, or maintain a turnpike project under

Section 370.003(14)(A) or (D), or a transit system under Section 370.351.


(o)iiExcept as provided in Subchapter J, an authority may not provide mass

transit services in the service area of another transit provider that has taxing

authority and has implemented it anywhere in the service area unless the service

is provided under a written agreement with the transit provider or under Section

370.186.

(p)iiAn authority, acting through its board, may agree with another entity to

acquire a transportation project or system from that entity, and to assume any

debts, obligations, and liabilities of the entity relating to a transportation project

or system transferred to the authority.

SECTIONi__.iiSubchapter B, Chapter 370, Transportation Code, is

amended by adding Section 370.039 to read as follows:

Sec.i370.039.iiTRANSFER OF TRANSPORTATION PROJECT OR

SYSTEM. (a) An authority may transfer any of its transportation projects or

systems to one or more governmental entities if:

(1)iithe authority has commitments from the governing bodies of the

governmental entities to assume jurisdiction over the transferred projects or

systems;

(2)iiproperty and contract rights in the transferred projects or systems

and bonds issued for the projects or systems are not affected unfavorably;

(3)iithe transfer is not prohibited under the bond proceedings applicable

to the transferred projects or systems;

(4)iiadequate provision has been made for the assumption of all debts,

obligations, and liabilities of the authority relating to the transferred projects or

systems by the governmental entities assuming jurisdiction over the transferred

projects or systems;

(5)iithe governmental entities are authorized to assume jurisdiction over

the transferred projects or systems, and to assume the debts, obligations, and

liabilities of the authority relating to the transferred projects or systems; and

(6)iithe transfer has been approved by the commissioners court of each

county that is part of the authority.

(b)iiAn authority may transfer to one or more governmental entities any

traffic estimates, revenue estimates, plans, specifications, surveys, appraisals, and

other work product developed by the authority in determining the feasibility of

the construction, improvement, extension, or expansion of a transportation

project or system, and the authority ’s rights and obligations under any related

agreements, if the requirements of Subsection (a)(1) and (6) are met.

(c)iiA governmental entity shall, using any lawfully available funds,

reimburse any expenditures made by an authority from its feasibility study fund

or otherwise to pay the costs of work product transferred to the governmental

entity under Subsection (b), and any other amounts expended under related

agreements transferred to the governmental entity. The reimbursement may be

made over time, as determined by the governmental entity and the authority.


amending Subsection (a) and adding Subsections (c) and (d) to read as follows:


(a)iiExcept as provided by Subsection (c), an [An] authority may notconstruct, maintain, or operate a turnpike or toll project in an area having agovernmental entity established under Chapter 284 or 366 unless thegovernmental entity and the authority enter into a written agreement specifyingthe terms and conditions under which the project shall be undertaken. Anauthority may not construct, maintain, or operate a transportation project thatanother governmental entity has determined to be a project under Chapter 451,452, or 460 unless the governmental entity and the authority enter into a writtenagreement specifying the terms and conditions under which the project shall beundertaken.

(c)iiSubsection (a) does not apply to a turnpike or toll project located in acounty in which a regional tollway authority has transferred under Section366.036 or Section 366.172:

(1)iiall turnpike projects of the regional tollway authority that arelocated in the county; and

(2)iiall work product developed by the regional tollway authority indetermining the feasibility of the construction, improvement, extension, orexpansion of a turnpike project to be located in the county.

(d)iiAn authority may not construct, maintain, or operate a passenger railfacility within the boundaries of an intermunicipal commuter rail district createdunder Article 6550c-1, Vernon ’s Texas Civil Statutes, as those boundaries existedon September 1, 2005, unless the district and the authority enter into a writtenagreement specifying the terms and conditions under which the project will beundertaken.

SECTIONi__.iiChapter 370, Transportation Code, is amended by addingSubchapters I and J to read as follows:

SUBCHAPTER I. TRANSIT SYSTEMSSec.i370.351.iiTRANSIT SYSTEMS. (a) An authority may construct, own,

operate, and maintain a transit system.(b)iiAn authority shall determine each transit route, including transit route

changes.(c)iiThis chapter does not prohibit an authority, municipality, or transit

provider from providing any service that complements a transit system, includingproviding parking garages, special transportation for persons who are disabled orelderly, or medical transportation services.

Sec.i370.352.iiPUBLIC HEARING ON FARE AND SERVICECHANGES. (a) In this section:

(1)ii"Service change" means any addition or deletion resulting in thephysical realignment of a transit route or a change in the type or frequency ofservice provided in a specific, regularly scheduled transit route.

(2)ii"Transit revenue vehicle mile" means one mile traveled by a transitvehicle while the vehicle is available to public passengers.

(3)ii"Transit route" means a route over which a transit vehicle travelsthat is specifically labeled or numbered for the purpose of picking up ordischarging passengers at regularly scheduled stops and intervals.


(4)ii"Transit route mile" means one mile along a transit route regularlytraveled by transit vehicles while available to public passengers.

(b)iiExcept as provided by Section 370.353, an authority shall hold a publichearing on:

(1)iia fare change;(2)iia service change involving:

(A)ii25 percent or more of the number of transit route miles of atransit route; or

(B)ii25 percent or more of the number of transit revenue vehiclemiles of a transit route, computed daily, for the day of the week for which thechange is made; or

(3)iithe establishment of a new transit route.(c)iiAn authority shall hold the public hearing required by Subsection (b)

before the cumulative amount of service changes in a fiscal year equals apercentage amount described in Subsection (b)(2)(A) or (B).

Sec.i370.353.iiPUBLIC HEARING ON FARE AND SERVICECHANGES: EXCEPTIONS. (a) In this section, "experimental service change"means an addition of service to an existing transit route or the establishment of anew transit route.

(b)iiA public hearing under Section 370.352 is not required for:(1)iia reduced or free promotional fare that is instituted daily or

periodically over a period of not more than 180 days;(2)iia headway adjustment of not more than five minutes during

peak-hour service and not more than 15 minutes during nonpeak-hour service;(3)iia standard seasonal variation unless the number, timing, or type of

the standard seasonal variation changes; or(4)iian emergency or experimental service change in effect for 180 days

or less.(c)iiA hearing on an experimental service change in effect for more than 180

days may be held before or while the experimental service change is in effect andsatisfies the requirement for a public hearing if the hearing notice required bySection 370.354 states that the change may become permanent at the end of theeffective period. If a hearing is not held before or while the experimental servicechange is in effect, the service that existed before the change must be reinstitutedat the end of the 180th day after the change became effective and a public hearingmust be held in accordance with Section 370.352 before the experimental servicechange may be continued.

Sec.i370.354.iiNOTICE OF HEARING ON FARE OR SERVICECHANGE. (a) After calling a public hearing required by Section 370.352, theauthority shall:

(1)iiat least 30 days before the date of the hearing, publish notice of thehearing at least once in a newspaper of general circulation in the territory of theauthority; and

(2)iipost notice in each transit vehicle in service on any transit routeaffected by the proposed change for at least two weeks within 30 days before thedate of the hearing.


(b)iiThe notice must contain:

(1)iia description of each proposed fare or service change, as

appropriate;

(2)iithe time and place of the hearing; and

(3)iiif the hearing is required under Section 370.352(c), a description of

the latest proposed change and the previous changes.

(c)iiThe requirement for a public hearing under Section 370.352 is satisfied

at a public hearing required by federal law if:

(1)iithe notice requirements of this section are met; and

(2)iithe proposed fare or service change is addressed at the meeting.

Sec.i370.355.iiCRIMINAL PENALTIES. (a) An authority by resolution

may prohibit the use of the transit system by a person who fails to possess

evidence showing that the appropriate fare for the use of the system has been paid

and may establish reasonable and appropriate methods, including using peace

officers under Section 370.181(c), to ensure that persons using the transit system

pay the appropriate fare for that use.

(b)iiAn authority by resolution may provide that a fare for or charge for the

use of the transit system that is not paid incurs a penalty, not to exceed $100.

(c)iiThe authority shall post signs designating each area in which a person is

prohibited from using the transit system without possession of evidence showing

that the appropriate fare has been paid.

(d)iiA person commits an offense if:

(1)iithe person or another for whom the person is criminally responsible

under Section 7.02, Penal Code, uses the transit system and does not possess

evidence showing that the appropriate fare has been paid; and

(2)iithe person fails to pay the appropriate fare or other charge for the

use of the transit system and any penalty on the fare on or before the 30th day

after the date the authority notifies the person that the person is required to pay

the amount of the fare or charge and the penalty.

(e)iiThe notice required by Subsection (d)(2) may be included in a citation

issued to the person by a peace officer under Article 14.06, Code of Criminal

Procedure, in connection with an offense relating to the nonpayment of the

appropriate fare or charge for the use of the transit system.

(f)iiAn offense under Subsection (d) is a Class C misdemeanor.

(g)iiAn offense under Subsection (d) is not a crime of moral turpitude.

[Sections 370.356-370.360 reserved for expansion]

SUBCHAPTER J. ACQUIRING TRANSIT SYSTEMS

Sec.i370.361.iiTRANSFER OF TRANSIT SYSTEMS. (a) In this section,

"unit of election" means a political subdivision that previously voted to join the

service area of a transit provider.

(b)iiAn authority may request in writing a transit provider to transfer the

provider ’s transit system and taxing authority to the authority if the board

determines that the traffic needs of the counties in which the authority operates

could be most efficiently and economically met by the transfer.


(c)iiOn receipt of a written request under Subsection (b), the governing body

of the transit provider may authorize the authority to solicit public comment and

conduct at least one public hearing on the proposed transfer in each unit of

election in the transit provider ’s service area. Notice of a hearing must be

published in the Texas Register, one or more newspapers of general circulation in

the transit provider ’s service area, and a newspaper, if any, published in the

counties of the requesting authority. The notice shall also solicit written

comments on the proposed transfer. The transit provider may participate fully

with the authority in conducting a public hearing.

(d)iiA board may approve the acquisition of the transit provider if the

governing body of the transit provider approves transfer of its operations to the

authority and dissolution of the transit provider is approved in an election ordered

under Subsection (e). Before approving the acquisition, the board shall consider

public comments received under Subsection (c).

(e)iiAfter considering public comments received under Subsection (c), the

governing body of the transit provider may order an election to dissolve the

transit provider and transfer all services, property, funds, assets, employees,

debts, and obligations to the authority. The governing body of the transit provider

shall submit to the qualified voters in the units of election in the transit provider ’sservice area a proposition that reads substantially as follows: "Shall (name of

transit provider) be dissolved and its services, property, funds, assets, employees,

debts, and obligations be transferred to (name of regional mobility authority)?"

(f)iiAn election under Subsection (e) shall be conducted so that votes are

separately tabulated and canvassed in each participating unit of election in the

transit provider ’s service area.(g)iiThe governing body of the transit provider shall canvass the returns and

declare the results of the election separately with respect to each unit of election.

If a majority of the votes received in a unit of election are in favor of the

proposition, the proposition is approved in that unit of election. The transit

provider is dissolved and its services, property, funds, assets, employees, debts,

and obligations are transferred to the authority only if the proposition is approved

in every unit of election. If the proposition is not approved in every unit of

election, the proposition does not pass and the transit provider is not dissolved.

(h)iiA certified copy of the order or resolution recording the results of the

election shall be filed with the department, the comptroller, and the governing

body of each unit of election in the transit provider ’s service area.(i)iiThe authority shall assume all debts or other obligations of the

transferred transit provider in connection with the acquisition of property under

Subsection (g). The authority may not use revenue from sales and use tax

collected under this subchapter or other revenue of the transit system in a manner

inconsistent with any pledge of that revenue for the payment of any outstanding

bonds, unless provisions have been made for a full discharge of the bonds.


Sec.i370.362.iiSALES AND USE TAX. (a) If an authority acquires a transitprovider with taxing authority, the authority may impose a sales and use tax at apermissible rate that does not exceed the rate approved by the voters who residein the service area of the transit provider ’s transit system at an election under thissubchapter.

(b)iiThe authority by resolution may:(1)iidecrease the rate of the sales and use tax to a permissible rate; or(2)iicall an election for the increase or decrease of the sales and use tax

to a permissible rate.(c)iiIf an authority orders an election, the authority shall publish notice of

the election in a newspaper of general circulation in the territory of the authorityat least once each week for three consecutive weeks, with the first publicationoccurring at least 21 days before the date of the election.

(d)iiA resolution ordering an election and the election notice required bySubsection (c) must show, in addition to the requirements of the Election Code,the hours of the election and polling places in election precincts.

(e)iiA copy of the election notice required by Subsection (c) shall befurnished to the commission and the comptroller.

(f)iiThe permissible rates for a sales and use tax imposed under thissubchapter are:

(1)iione-quarter of one percent;(2)iione-half of one percent;(3)iithree-quarters of one percent; or(4)iione percent.

(g)iiChapter 322, Tax Code, applies to a sales and use tax imposed underthis subchapter.

Sec.i370.363.iiMAXIMUM TAX RATE. (a) An authority may not adopt asales and use tax rate, including a rate increase, that when combined with therates of all sales and use taxes imposed by all political subdivisions of this statehaving territory in the service area of the transferred transit system exceeds twopercent in any location in the service area.

(b)iiAn election to approve a sales and use tax or increase the rate of anauthority ’s sales and use tax has no effect if:

(1)iithe voters in the service area approve the authority ’s sales and usetax rate or rate increase at an election held on the same day on which amunicipality or county having territory in the jurisdiction of the service areaadopts a sales and use tax or an additional sales and use tax; and

(2)iithe combined rates of all sales and use taxes imposed by theauthority and all political subdivisions of this state would exceed two percent inany part of the territory in the service area.

Sec.i370.364.iiELECTION TO CHANGE TAX RATE. (a) At an electionordered under Section 370.362(b)(2), the ballots shall be printed to permit votingfor or against the proposition: "The increase (decrease) of the local sales and usetax rate for mass transit to (percentage)."

(b)iiThe increase or decrease in the tax rate becomes effective only if it isapproved by a majority of the votes cast.


(c)iiA notice of the election and a certified copy of the order canvassing theelection results shall be:

(1)iisent to the commission and the comptroller; and(2)iifiled in the deed records of the county.

Sec.i370.365.iiSALES TAX: EFFECTIVE DATES. (a) A sales and use taximplemented under this subchapter takes effect on the first day of the secondcalendar quarter that begins after the date the comptroller receives a copy of theorder required to be sent under Section 370.364(c).

(b)iiAn increase or decrease in the rate of a sales and use tax implementedunder this subchapter takes effect on:

(1)iithe first day of the first calendar quarter that begins after the date thecomptroller receives the notice provided under Section 370.364(c); or

(2)iithe first day of the second calendar quarter that begins after the datethe comptroller receives the notice, if within 10 days after the date of receipt ofthe notice the comptroller gives written notice to the board that the comptrollerrequires more time to implement tax collection and reporting procedures.

SECTIONi__.iiSection 451.554, Transportation Code, is amended to read asfollows:

Sec.i451.554.iiBOARD APPROVAL OF ANNEXATION: EFFECTIVEDATE. (a) The addition of territory annexed under Section 451.551, or approvedunder Section 451.552 or 451.553, does not take effect if, before the effectivedate of the addition under Subsection (b), the board of the authority gives writtennotice to the governing body of the municipality that added new territory to theauthority by virtue of annexation, or to the governing body of the municipality orthe commissioners court of the county that held the election, that the additionwould create a financial hardship on the authority because:

(1)iithe territory to be added is not contiguous to the territory of theexisting authority; or

(2)iithe addition of the territory would impair the imposition of the salesand use tax authorized by this chapter.

(b)iiIn the absence of a notice under Subsection (a), the addition of territorytakes effect on the 31st day after the date of the:

(1)iimunicipal ordinance, if annexed by a municipality under Section451.551; or

(2)iielection, if approved under Section 451.552 or 451.553 [approvedunder Section 451.552 or 451.553 takes effect on the 31st day after the date of theelection].

SECTIONi__.iiSection 370.161(b), Transportation Code, is repealed.SECTIONi__.iiThe changes in law made by this Act to Chapter 370,

Transportation Code, apply to a regional mobility authority created orparticipated in by a municipality described by Section 370.031(c), TransportationCode, as added by this Act, or Section 370.161(b), Transportation Code, as itexisted before the effective date of this Act, in the same manner as they apply toany other entity that creates or participates in a regional mobility authority.



Amendment No. 17



SECTION __. Section 201.943, Transportation Code, is amended by addingSubsection (1) to read as follows:

(1) Obligations may not be issued if the commission or the departmentrequires that toll roads be included in a regional mobility plan in order for a localauthority to receive an allocation from the fund, except that bond proceedsdeposited in the fund and other money in the fund may be spent in the eightmetropolitan areas, as identified in the department ’s transportation strategic planand uniform transportation plan, regardless of whether the regional mobility planincludes toll roads.


Amendment No. 18


Amend CSHB 2702 by adding the following appropriately numberedSECTION and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ___. Sections 223.041(b), (c), and (d), Transportation Code, areamended to read as follows:

(b) The department, in setting a minimum level of expenditures in theseengineering-related activities that will be paid to the private sector providers,shall provide that [index the level of expenditures from the amount set by rider inthe General Appropriations Act enacted by the 75th Legislature at its regularsession in 1997, expressed as a percentage of the total funds appropriated inStrategy A.1.1. Plan/Design/Manage.

[(c) Beginning in fiscal year 2000, the department shall increase itsexpenditures to private sector providers for engineering related services at leastone percentage point per year until] the expenditure level for a state fiscal year inall strategies paid to private sector providers for all departmentengineering-related services for transportation projects is not less than [reaches aminimum of] 35 percent of the total funds appropriated in Strategy A.1.1.Plan/Design/Manage and Strategy A.1.2. of the General Appropriations Act forthat state fiscal biennium. The department shall attempt to make expenditures forengineering-related services with private sector providers under this subsectionwith historically underutilized businesses, as defined by Section 2161.001,Government Code, in an amount consistent with the applicable provisions of theGovernment Code, any applicable state disparity study, and in accordance withthe good-faith-effort procedures outlined in the rules adopted by the TexasBuilding and Procurement Commission [General Services Commission].

[(d) The commission shall provide for hearings at which private sectorcomplaints relating to the selection process are heard.]



Amendment No. 19

Representative Hill offered the following amendment to CSHBi2702:

Amend CSHB 2702 by adding the following appropriately numberedSECTION and renumbering subsequent SECTIONS accordingly:

SECTION . REGIONAL TRANSIT SYSTEM REVIEW COMMITTEE.(a) In this section, "region" means the region formed by two contiguous countieseach containing a municipality having a population of at least 530,000 and thecounties adjacent to one or both of those counties.

(b) The Regional Transit System Review Committee is created to conductpublic hearings regarding, and study the implications of, implementing regionaltransit service in the region.

(c) The committee consists of:(1) each member of the legislature who represents a district that

contains territory in the region;(2) each mayor of a municipality in the region;(3) each county judge and commissioner in the region; and(4) the executive director of each transportation authority in the region.

(d) In conducting hearings and studies the committee shall:(1) examine whether a seamless system of transit systems should be

offered throughout the region;(2) examine whether there should be a mechanism for additional

counties to participate in the regional transit system; and(3) perform a review of funding and financing options.

(e) The initial meeting of the committee shall take place beforeSeptemberi30, 2005. At the initial meeting the committee shall adopt rulesgoverning the committee and establish a work plan and schedule for futuremeetings.

(f) The committee may accept gifts, grants, technical support, or any otherresources from any source to carry out the functions of the committee.

(g) Not later than September 1, 2006, the committee shall issue a reportsummarizing:

(1) hearings conducted by the committee;(2) studies conducted by the committee;(3) any legislation proposed by the committee; and(4) any other findings or recommendations of the committee.

(h) This section expires September 1, 2007.


Amendment No. 20

Representative P. King offered the following amendment to CSHBi2702:

Amend CSHB 2702 by inserting appropriately numbered SECTIONS toread as follows:

SECTIONi___.iiSection 21.021(a), Property Code, is amended to read asfollows:


(a)iiAfter the special commissioners have made an award in a condemnation

proceeding, except as provided by Subsection (c) [of this section], the condemnor

may take possession of the condemned property pending the results of further

litigation if the condemnor:

(1)iipays to the property owner the amount of damages and costs

awarded by the special commissioners or deposits that amount of money with the

court subject to the order of the property owner;

(2)iideposits with the court either the amount of money awarded by the

special commissioners as damages or a surety bond in the same amount issued by

a surety company qualified to do business in this state, conditioned to secure the

payment of an award of damages by the court in excess of the award of the

special commissioners; [and]

(3)iiexecutes a bond that has two or more good and solvent sureties

approved by the judge of the court in which the proceeding is pending and

conditioned to secure the payment of additional costs that may be awarded to the

property owner by the trial court or on appeal; and

(4)iiobtains from the court a writ of possession or other order entitling

the condemnor to possession of the condemned property.

SECTIONi___.iiSection 21.021(a), Property Code, as amended by this Act,

applies only to a condemnation proceeding the petition for which is filed on or

after the effective date of this Act. A condemnation proceeding the petition for

which is filed before the effective date of this Act is governed by the law in effect

at the time the petition was filed, and that law is continued in effect for that

purpose.

COMMITTEES GRANTED PERMISSION TOMEET

Representative Hilderbran requested permission for the Committee on

Culture, Recreation, and Tourism to meet while the house is in session at 8 p.m.

today in 3W.9, for a formal meeting, to consider committee business.


Representative Giddings requested permission for the Committee on

Business and Industry to meet while the house is in session at 8:10 p.m., in 3W.9,

for a formal meeting, to consider pending business.


Representative Woolley requested permission for the Committee on

Calendars to meet while the house is in session at 9 p.m. today, in 3W.9, for a

formal meeting, to set the calendar.




Culture, Recreation, and Tourism, 8 p.m. today, 3W.9, for a formal meeting,

to consider committee business.


Business and Industry, 8:10 p.m. today, 3W.9, for a formal meeting, toconsider SB 54, SB 444, SB 629, SB 742, SB 1018, SB 1186, and pendingbusiness.

Calendars, 9 p.m. today, 3W.9, for a formal meeting, to set the calendar.



Amendment No. 21

Representative P. King offered the following amendment to CSHBi2702:

Amend CSHB 2702 by adding the following appropriately numberedSECTIONS and renumbering subsequent SECTIONS accordingly:

SECTION ____. Section 21.021, Property Code, is amended by amendingSubsection (a) and adding Subsection (e) to read as follows:

(a) After the special commissioners have made an award in a condemnationproceeding, except as provided by Subsection (c) [of this section], the condemnormay take possession of the condemned property pending the results of furtherlitigation if the condemnor:

(1) pays to the property owner the amount of damages and costsawarded by the special commissioners or deposits that amount of money with thecourt subject to the order of the property owner;

(2) deposits with the court either the amount of money awarded by thespecial commissioners as damages or a surety bond in the same amount issued bya surety company qualified to do business in this state, conditioned to secure thepayment of an award of damages by the court in excess of the award of thespecial commissioners; [and]

(3) executes a bond that has two or more good and solvent suretiesapproved by the judge of the court in which the proceeding is pending andconditioned to secure the payment of additional costs that may be awarded to theproperty owner by the trial court or on appeal; and

(4) obtains from the court a writ of possession or other order entitlingthe condemnor to possession of the condemned property.

(e) Subsection (a)(4) does not apply to a condemnation by the TexasDepartment of Transportation.

SECTION ____. Section 21.021(a), Property Code, as amended by this Act,applies only to a condemnation proceeding the petition for which is filed on orafter the effective date of this Act. A condemnation proceeding the petition forwhich is filed before the effective date of this Act is governed by the law in effectat the time the petition was filed, and that law is continued in effect for thatpurpose.


Amendment No. 22

Representative West offered the following amendment to CSHBi2702:



SECTIONi____.iiSubchapter D, Chapter 502, Transportation Code, is


Sec.i502.1515.iiOUTSOURCING PRODUCTION OF RENEWAL

NOTICES; PAID ADVERTISING. The commission may authorize the

department to enter into a contract with a private vendor to produce and distribute

motor vehicle registration renewal notices. The contract may provide for the

inclusion of paid advertising in the registration renewal notice packet.


Amendment No. 23

Representatives Alonzo and T. King offered the following amendment to

CSHBi2702:


SECTION and renumbering subsequent SECTIONS accordingly:

SECTION ____. Section 201.903, Transportation Code, is amended by

adding Subsection (c) to read as follows:

(c) Each department sign on Interstate Highway 35 that identifies an

intersection of that highway and U.S. Highway 57 and includes the words "Eagle

Pass" must also contain the words "Crystal City."


Amendment No. 24

Representatives Merritt, Escobar, Gonzales, Frost, Chavez, Howard,

Hughes, Puente, and Strama offered the following amendment to CSHBi2702:


ARTICLE and renumbering subsequent ARTICLES of the bill accordingly:

ARTICLE __. BORDER REGION HIGH-SPEED RAIL AUTHORITIES

SECTIONi__.iiChapter 13, Title 112, Revised Statutes, is amended by

adding Article 6550c-4 to read as follows:

Art.i6550c-4.iiBORDER REGION HIGH-SPEED RAIL AUTHORITIES

Sec.i1.iiDEFINITIONS. In this article:

(1)ii"Authority" means a border region high-speed rail authority created

under this article.

(2)ii"Authority property" means all property an authority owns or leases

under a long-term lease.

(3)ii"Border region" means the Texas-Louisiana border region or the

Texas-Mexico border region, as defined by Section 2056.002, Government Code.

(4)ii"Commission" means the Texas Transportation Commission.

(5)ii"Department" means the Texas Department of Transportation.

(6)ii"High-speed rail" means the rail technology that permits the

operation of rolling stock between scheduled stops at speeds greater than 70 miles

per hour.


(7)ii"High-speed rail facility" means any property necessary for thetransportation of passengers and baggage between points in a border region byhigh-speed rail. The term includes rolling stock, locomotives, stations, parkingareas, and rail lines.

(8)ii"System" means all of the high-speed rail and intermodal facilitiesleased or owned by or operated on behalf of an authority.

Sec.i2.iiCREATION OF AUTHORITIES. The commission by order mayauthorize the creation of an authority in each border region for the purposes offinancing, acquiring property for, constructing, maintaining, operating, andimproving a high-speed rail system in each border region.

Sec.i3.iiGOVERNING BODY. (a) The governing body of an authority is aboard of directors consisting of representatives of each county in the borderregion for which the authority is created. The board is composed of 11 membersappointed by the governor.

(b)iiThe members of the board shall elect one member as presiding officer.The presiding officer may select another member to preside in the absence of thepresiding officer.

(c)iiThe presiding officer shall call at least one meeting of the board eachyear and may call other meetings as the presiding officer determines areappropriate.

(d)iiA member of the board is not entitled to compensation for serving as amember but is entitled to reimbursement for reasonable expenses incurred whileserving as a member.

(e)iiThe board shall adopt rules for its proceedings and appoint an executivecommittee. The board may employ and compensate persons to carry out thepowers and duties of the authority.

(f)iiChapter 171, Local Government Code, applies to a member of the board.Sec.i4.iiPOWERS AND DUTIES OF AUTHORITY. (a) An authority is a

public body and a political subdivision of the state exercising public and essentialgovernmental functions and has all the powers necessary or convenient to carryout the purposes of this article. An authority, in the exercise of powers under thisarticle, is performing only governmental functions and is a governmental unitwithin the meaning of Chapter 101, Civil Practice and Remedies Code.

(b)iiAn authority is subject every 12th year to review under Chapter 325,Government Code (Texas Sunset Act).

(c)iiAn authority may sue and be sued in all courts, may institute andprosecute suits without giving security for costs, and may appeal from a judgmentwithout giving a supersedeas or cost bond. An action at law or in equity againstan authority must be brought in the county in which a principal office of theauthority is located, except that in an eminent domain proceeding involving aninterest in land, suit must be brought in the county in which the land is located.

(d)iiAn authority may acquire by grant, purchase, gift, devise, lease, orotherwise and may hold, use, sell, lease, or dispose of real and personal property,licenses, patents, rights, and interests necessary, convenient, or useful for the fullexercise of its powers.


(e)iiAn authority may acquire, construct, develop, own, operate, maintain,

and improve intermodal and high-speed rail facilities to connect political

subdivisions in the applicable border region. For this purpose and with the

consent of a municipality, county, or other political subdivision, an authority may

use streets, alleys, roads, highways, and other public ways of the municipality,

county, or other political subdivision and may relocate, raise, reroute, change the

grade of, or alter, at the expense of the authority, the construction of any street,

alley, highway, road, railroad, electric lines and facilities, telegraph and telephone

properties and facilities, pipelines and facilities, conduits and facilities, and other

properties, whether publicly or privately owned, as necessary or useful in the

construction, reconstruction, repair, maintenance, operation, and improvement of

the system. An authority may not use or alter a road or highway that is part of the

state highway system without the permission of the commission or a railroad

without permission of the railroad. An authority may acquire by purchase any

interest in real property for the acquisition, construction, operation, or

improvement of a high-speed rail facility on terms and at a price as agreed to

between the authority and the owner. The governing body of a municipality,

county, other political subdivision, or public agency may convey title or rights

and easements to any property needed by an authority to effect its purposes in

connection with the acquisition, construction, operation, or improvement of the

system.

(f)iiAn authority has the right of eminent domain to acquire real property in

fee simple or an interest in real property less than fee simple in, on, under, or

above land, including an easement, right-of-way, or right of use of airspace or

subsurface space. The power of eminent domain under this section does not apply

to land under the jurisdiction of the department or a rail line owned by a common

carrier or municipality. An authority shall, to the extent possible, use existing rail

or intermodal transportation corridors for the alignment of its system. A

proceeding for the exercise of the power of eminent domain is begun by the

adoption by the board of a resolution declaring the public necessity for the

acquisition by an authority of the property or interest described in the resolution

and that the acquisition is necessary and proper for the construction, extension,

improvement, or development of high-speed rail facilities and is in the public

interest. The resolution of an authority is conclusive evidence of the public

necessity of the proposed acquisition and that the real or personal property or

interest in property is necessary for public use.

(g)iiWith the consent of the property owner, instead of paying for real

property with a single fixed payment, an authority may pay the owner in the form

of:

(1)iian intangible legal right to receive a percentage of identified fees

related to the applicable segment of the system; or

(2)iian exclusive or nonexclusive right to use or operate a part of the

system.


(h)iiAn authority may make agreements with a public utility, private utility,communication system, common carrier, state agency, or transportation systemfor the joint use of facilities, installations, or properties inside or outside theborder region and establish through routes and joint fares.

(i)iiAn authority may adopt rules to govern the operation of the authority, itsemployees, the system, service provided by the authority, and any other necessarymatter concerning its purposes, including rules relating to health, safety, alcoholor beverage service, food service, and telephone and utility services, to protect thehealth, safety, and general welfare of residents of the border region and peoplewho use the authority ’s services.

(j)iiAn authority may enter into a joint ownership agreement with anyperson.

(k)iiAn authority shall establish and maintain rates or other compensationfor the use of the facilities of the system acquired, constructed, operated,regulated, or maintained by the authority that is reasonable and nondiscriminatoryand, together with grants received by the authority, is sufficient to producerevenues adequate:

(1)iito pay all expenses necessary for the operation and maintenance ofthe properties and facilities of the authority;

(2)iito pay the interest on and principal of bonds issued by the authorityand payable in whole or in part from the revenues, as they become due andpayable; and

(3)iito comply with the terms of an agreement made with the holders ofbonds or with any person in their behalf.

(l)iiAn authority may make contracts, leases, and agreements with, andaccept grants and loans from, the United States, this state, agencies and politicalsubdivisions of this state or another state of the United States, the UnitedMexican States, or a state of the United Mexican States, and other persons andentities and may perform any act necessary for the full exercise of the powersvested in it. The commission may enter into an interlocal agreement with anauthority under which the authority may exercise a power or duty of thecommission for the development and efficient operation of an intermodal corridorin the border region. An authority may acquire rolling stock or other propertyunder conditional sales contracts, leases, equipment trust certificates, or any otherform of contract or trust agreement. A revenue bond indenture may limit theexercise of the powers granted by this section, and a limit applies as long as therevenue bonds issued under the indenture are outstanding and unpaid.

(m)iiAn authority by resolution may adopt rules governing the use,operation, and maintenance of the system and may determine or change a routingas the board considers advisable.

(n)iiAn authority may lease all or part of the high-speed rail facilities to, orcontract for the use or operation of all or part of the high-speed rail facilities by,an operator. An authority shall encourage to the maximum extent practicable theparticipation of private enterprise in the operation of high-speed rail facilities.The term of an operating contract under this subsection may not exceed 20 years.


(o)iiAn authority may contract with a county or other political subdivision ofthis state for the authority to provide high-speed rail transportation services to anarea outside the border region on the terms and conditions agreed to by theparties.

(p)iiAn authority may purchase an additional insured provision to anyliability insurance contract.

(q)iiBefore beginning the operation of high-speed rail facilities, the boardshall adopt an annual operating budget specifying the anticipated revenues andexpenses of the authority for the remainder of the fiscal year. Each year the boardshall adopt an operating budget for the authority. The fiscal year of an authorityends September 30 unless changed by the board. The board shall hold a publichearing before adopting a budget other than the initial budget. Notice of eachhearing must be published at least seven days before the date of the hearing in anewspaper of general circulation in each county in the applicable border region.A budget may be amended at any time if notice of the proposed amendment isgiven in the notice of the meeting at which the amendment will be considered. Anexpenditure that is not budgeted may not be made.

(r)iiAn authority is eligible to participate in the Texas County and DistrictRetirement System.

(s)iiThe board shall by resolution name one or more banks for the deposit ofauthority funds. Authority funds are public funds and may be invested insecurities permitted by Chapter 2256, Government Code. To the extent funds ofan authority are not insured by the Federal Deposit Insurance Corporation or itssuccessor, they shall be collateralized in the manner provided for county funds.

(t)iiTo provide tax benefits to another party that are available with respect toproperty under the laws of a foreign country or to encourage private investmentwith a transportation authority in the United States, and notwithstanding anyother provision of this chapter, an authority may enter into and execute, as itconsiders appropriate, contracts, agreements, notes, security agreements,conveyances, bills of sale, deeds, leases as lessee or lessor, and currency hedges,swap transactions, or agreements relating to foreign and domestic currency. Theagreements or instruments may have the terms, maturities, duration, provisions asto governing law, indemnities, and other provisions that are approved by theboard. In connection with any transaction authorized by this subsection, theauthority shall deposit in trust, escrow, or similar arrangement cash or lawfulinvestments or securities, or shall enter into one or more payment agreements,financial guarantees, or insurance contracts with counterparties having either acorporate credit or debt rating in any form, a claims-paying ability, or a rating forfinancial strength of "AA" or better by Moody ’s Investors Service, Inc., or byStandard & Poor ’s Corporation or "A-" or better by BEST ’s rating system that, bytheir terms, including interest to be earned on any cash or securities, are sufficientin amount to pay when due all amounts required to be paid by the authority asrent over the full term of the transaction plus any optional purchase price dueunder the transaction. A certification in advance by an independent financialexpert, banker, or certified public accountant, who is not an employee of theauthority, certifying compliance with this requirement constitutes conclusive


evidence of compliance. Property sold, acquired, or otherwise transferred under

this subsection is considered for all purposes to be property owned and held by

the authority and used for public purposes.

Sec.i5.iiBONDS AND NOTES. (a) An authority may issue revenue bonds

and notes in amounts the board considers necessary or appropriate for the

acquisition, purchase, construction, reconstruction, repair, equipping,

improvement, or extension of the authority ’s high-speed rail facilities. A bond or

note is fully negotiable and may be made redeemable before maturity, at the

option of the authority and at the price and under the terms the board determines

in the resolution authorizing the bond or note and may be sold at public or private

sale, as the board determines.

(b)iiAn authority shall submit all bonds and notes and the record of

proceedings relating to their issuance to the attorney general for examination

before delivery. If the attorney general determines that they have been issued in

accordance with the constitution and this article and that they will be binding

obligations of the authority, the attorney general shall approve them, and the

comptroller shall register them. A bond or note issued under this article is

incontestable after approval, registration, and sale and delivery of the bond or

note to the purchaser.

(c)iiTo secure the payment of the bond or note, an authority may encumber

and pledge all or any part of the revenues of its high-speed rail facilities, may

mortgage and encumber all or part of the property of the high-speed rail facilities

and any thing pertaining to them that is acquired or to be acquired, and may

prescribe the terms and provisions of the bond or note in any manner not

inconsistent with this article. If not prohibited by the resolution or indenture

relating to outstanding bonds or notes, an authority may encumber separately any

item of real or personal property.

(d)iiA bond or note is a legal and authorized investment for banks, trust

companies, savings and loan associations, and insurance companies. The bond or

note is eligible to secure the deposit of public funds of this state or a municipality,

county, school district, or other political corporation or subdivision of this state.

The bond or note is lawful and sufficient security for the deposits to the extent of

the principal amount or market value of the bond or note, whichever is less.

Sec.i6.iiCOMPETITIVE BIDS. A contract in the amount of more than

$15,000 for the construction of improvements or the purchase of material,

machinery, equipment, supplies, or any other property other than real property

may be let only on competitive bids after notice published, at least 15 days before

the date set for receiving bids, in a newspaper of general circulation in each

county in the applicable border region. The board may adopt rules governing the

taking of bids and the awarding of contracts. This section does not apply to:

(1)iipersonal or professional services;

(2)iithe acquisition of an existing rail transportation system; or

(3)iia contract with a common carrier to construct lines or to operate

high-speed rail service on lines owned in whole or in part by the carrier.


Sec.i7.iiEXEMPTION FROM TAXES. The property, material purchases,

revenues, and income of an authority and the interest on a bond or note issued by

an authority are exempt from all taxes imposed by this state or a political

subdivision of this state.

Sec.i8.iiSALES AND USE TAX. (a) A sales and use tax is imposed on

items sold on authority property. The sales and use tax shall be imposed at the

rate of the highest combination of local sales and use taxes imposed at the time of

the authority ’s creation in any local governmental jurisdiction in the applicable

border region. The comptroller shall remit to the authority the local sales and use

tax collected on the authority ’s property. All other local sales and use taxes that

would otherwise be imposed on authority property are abolished by the

imposition of this tax.

(b)iiThe comptroller shall administer, collect, and enforce a tax imposed

under this article. Chapter 321, Tax Code, governs the computation,

administration, governance, and use of the tax except as inconsistent with this

article.

(c)iiAn authority shall notify the comptroller in writing by registered or

certified mail of the authority ’s creation and of its intent to impose the sales and

use tax under this article. The authority shall provide to the comptroller all

information required to implement the tax, including:

(1)iian adequate map showing the property boundaries of the authority;

and

(2)iia certified copy of the resolution of the authority board adopting the

tax.

(d)iiNot later than the 30th day after the date the comptroller receives the

notice, map, and other information, the comptroller shall inform the authority of

whether the comptroller is prepared to administer the tax.

(e)iiAt the same time an authority notifies the comptroller under Subsection

(c) of this section, the authority shall notify each affected local governmental unit

of the authority ’s creation and provide each with an adequate map showing the

property boundaries of the authority.

(f)iiNot later than the 30th day after the date an authority adds territory to the

authority, the authority shall notify the comptroller and each affected local

governmental unit of the addition. The authority must include with each

notification an adequate map showing the new boundaries of the authority and

the date the additional territory was added. Not later than the 30th day after the

date the comptroller receives the notice under this subsection, the comptroller

shall inform the authority of whether the comptroller is prepared to administer the

tax in the additional territory.

(g)iiA tax imposed under this section or the abolition of a tax under

Subsection (a) of this section takes effect on the first day of the first complete

calendar quarter that occurs after the expiration of the first complete calendar

quarter that occurs after the date the comptroller receives a notice of the action as

required by this section.



Representative Giddings requested permission for the Committee on

Business and Industry to meet while the house is in sessioniat 8:10 p.m. today, in

3W.9, for a formal meeting, to consider SB 244 and other pending business.




Business and Industry, 8:10 p.m. today, 3W.9, for a formal meeting, to

consider SB 244.



Amendment No. 25

Representative Kolkhorst offered the following amendment to CSHBi2702:

Amend CSHB 2702 on page 28, lines 26 and 27 by striking "361.180, and

370.163(b)" and substitute "and 361.180".


Amendment No. 26

Representative Baxter offered the following amendment to CSHBi2702:

Amend CSHB 2702 on page 13, between lines 1 and 2 by inserting:

(e) If the department acquires a tract that severs an owner ’s property, thedepartment may allow the owner to build, in compliance with federal law, analternative access between the severed tracts below the tract acquired by the

department. An owner must obtain department approval of the design

specifications of the alternative access.


Amendment No. 22 - Vote Reconsidered

Representative Thompson moved to reconsider the vote by which


The motion to reconsider prevailed.

Amendment No. 22 was adopted. (Keel and Thompson recorded voting no.)

Amendment No. 27

Representatives Escobar, Gonzales, Merritt, Chavez, Strama, Howard,

Hughes, Puente, and Rodriguez offered the following amendment to

CSHBi2702:


ARTICLE and renumbering subsequent ARTICLES of the bill accordingly:ARTICLE __. BORDER REGION HIGH-SPEED RAIL AUTHORITIES


SECTIONi__.iiChapter 13, Title 112, Revised Statutes, is amended byadding Article 6550c-4 to read as follows:

Art.i6550c-4.iiBORDER REGION HIGH-SPEED RAIL AUTHORITIESSec.i1.iiDEFINITIONS. In this article:

(1)ii"Authority" means a border region high-speed rail authority createdunder this article.

(2)ii"Authority property" means all property an authority owns or leasesunder a long-term lease.

(3)ii"Border region" means the Texas-Louisiana border region or theTexas-Mexico border region, as defined by Section 2056.002, Government Code.

(4)ii"Commission" means the Texas Transportation Commission.(5)ii"Department" means the Texas Department of Transportation.(6)ii"High-speed rail" means the rail technology that permits the

operation of rolling stock between scheduled stops at speeds greater than 70 milesper hour.

(7)ii"High-speed rail facility" means any property necessary for thetransportation of passengers and baggage between points in a border region byhigh-speed rail. The term includes rolling stock, locomotives, stations, parkingareas, and rail lines.

(8)ii"System" means all of the high-speed rail and intermodal facilitiesleased or owned by or operated on behalf of an authority.

Sec.i2.iiCREATION OF AUTHORITIES. The commission by order mayauthorize the creation of an authority in each border region for the purposes offinancing, acquiring property for, constructing, maintaining, operating, andimproving a high-speed rail system in each border region.

Sec.i3.iiGOVERNING BODY. (a) The governing body of an authority is aboard of directors consisting of representatives of each county in the borderregion for which the authority is created. The board is composed of 11 membersappointed by the governor.

(b)iiThe members of the board shall elect one member as presiding officer.The presiding officer may select another member to preside in the absence of thepresiding officer.

(c)iiThe presiding officer shall call at least one meeting of the board eachyear and may call other meetings as the presiding officer determines areappropriate.

(d)iiA member of the board is not entitled to compensation for serving as amember but is entitled to reimbursement for reasonable expenses incurred whileserving as a member.

(e)iiThe board shall adopt rules for its proceedings and appoint an executivecommittee. The board may employ and compensate persons to carry out thepowers and duties of the authority.

(f)iiChapter 171, Local Government Code, applies to a member of the board.Sec.i4.iiPOWERS AND DUTIES OF AUTHORITY. (a) An authority is a

public body and a political subdivision of the state exercising public and essentialgovernmental functions and has all the powers necessary or convenient to carry


out the purposes of this article. An authority, in the exercise of powers under thisarticle, is performing only governmental functions and is a governmental unitwithin the meaning of Chapter 101, Civil Practice and Remedies Code.

(b)iiAn authority is subject every 12th year to review under Chapter 325,Government Code (Texas Sunset Act).

(c)iiAn authority may sue and be sued in all courts, may institute andprosecute suits without giving security for costs, and may appeal from a judgmentwithout giving a supersedeas or cost bond. An action at law or in equity againstan authority must be brought in the county in which a principal office of theauthority is located, except that in an eminent domain proceeding involving aninterest in land, suit must be brought in the county in which the land is located.

(d)iiAn authority may acquire by grant, purchase, gift, devise, lease, orotherwise and may hold, use, sell, lease, or dispose of real and personal property,licenses, patents, rights, and interests necessary, convenient, or useful for the fullexercise of its powers.

(e)iiAn authority may acquire, construct, develop, own, operate, maintain,and improve intermodal and high-speed rail facilities to connect politicalsubdivisions in the applicable border region. For this purpose and with theconsent of a municipality, county, or other political subdivision, an authority mayuse streets, alleys, roads, highways, and other public ways of the municipality,county, or other political subdivision and may relocate, raise, reroute, change thegrade of, or alter, at the expense of the authority, the construction of any street,alley, highway, road, railroad, electric lines and facilities, telegraph and telephoneproperties and facilities, pipelines and facilities, conduits and facilities, and otherproperties, whether publicly or privately owned, as necessary or useful in theconstruction, reconstruction, repair, maintenance, operation, and improvement ofthe system. An authority may not use or alter a road or highway that is part of thestate highway system without the permission of the commission or a railroadwithout permission of the railroad. An authority may acquire by purchase anyinterest in real property for the acquisition, construction, operation, orimprovement of a high-speed rail facility on terms and at a price as agreed tobetween the authority and the owner. The governing body of a municipality,county, other political subdivision, or public agency may convey title or rightsand easements to any property needed by an authority to effect its purposes inconnection with the acquisition, construction, operation, or improvement of thesystem.

(f)iiAn authority has the right of eminent domain to acquire real property infee simple or an interest in real property less than fee simple in, on, under, orabove land, including an easement, right-of-way, or right of use of airspace orsubsurface space. The power of eminent domain under this section does not applyto land under the jurisdiction of the department or a rail line owned by a commoncarrier or municipality. An authority shall, to the extent possible, use existing railor intermodal transportation corridors for the alignment of its system. Aproceeding for the exercise of the power of eminent domain is begun by theadoption by the board of a resolution declaring the public necessity for theacquisition by an authority of the property or interest described in the resolution


and that the acquisition is necessary and proper for the construction, extension,improvement, or development of high-speed rail facilities and is in the publicinterest. The resolution of an authority is conclusive evidence of the publicnecessity of the proposed acquisition and that the real or personal property orinterest in property is necessary for public use.

(g)iiWith the consent of the property owner, instead of paying for realproperty with a single fixed payment, an authority may pay the owner in the formof:

(1)iian intangible legal right to receive a percentage of identified feesrelated to the applicable segment of the system; or

(2)iian exclusive or nonexclusive right to use or operate a part of thesystem.

(h)iiAn authority may make agreements with a public utility, private utility,communication system, common carrier, state agency, or transportation systemfor the joint use of facilities, installations, or properties inside or outside theborder region and establish through routes and joint fares.

(i)iiAn authority may adopt rules to govern the operation of theauthority, its employees, the system, service provided by the authority, and anyother necessary matter concerning its purposes, including rules relating to health,safety, alcohol or beverage service, food service, and telephone and utilityservices, to protect the health, safety, and general welfare of residents of theborder region and people who use the authority ’s services.

(j)iiAn authority may enter into a joint ownership agreement with anyperson.

(k)iiAn authority shall establish and maintain rates or other compensationfor the use of the facilities of the system acquired, constructed, operated,regulated, or maintained by the authority that is reasonable and nondiscriminatoryand, together with grants received by the authority, is sufficient to producerevenues adequate:

(1)iito pay all expenses necessary for the operation and maintenance ofthe properties and facilities of the authority;

(2)iito pay the interest on and principal of bonds issued by the authorityand payable in whole or in part from the revenues, as they become due andpayable; and

(3)iito comply with the terms of an agreement made with the holders ofbonds or with any person in their behalf.

(l)iiAn authority may make contracts, leases, and agreements with, andaccept grants and loans from, the United States, this state, agencies and politicalsubdivisions of this state or another state of the United States, the UnitedMexican States, or a state of the United Mexican States, and other persons andentities and may perform any act necessary for the full exercise of the powersvested in it. The commission may enter into an interlocal agreement with anauthority under which the authority may exercise a power or duty of thecommission for the development and efficient operation of an intermodal corridorin the border region. An authority may acquire rolling stock or other propertyunder conditional sales contracts, leases, equipment trust certificates, or any other


form of contract or trust agreement. A revenue bond indenture may limit theexercise of the powers granted by this section, and a limit applies as long as therevenue bonds issued under the indenture are outstanding and unpaid.

(m)iiAn authority by resolution may adopt rules governing the use,operation, and maintenance of the system and may determine or change a routingas the board considers advisable.

(n)iiAn authority may lease all or part of the high-speed rail facilities to, orcontract for the use or operation of all or part of the high-speed rail facilities by,an operator. An authority shall encourage to the maximum extent practicable theparticipation of private enterprise in the operation of high-speed rail facilities.The term of an operating contract under this subsection may not exceed 20 years.

(o)iiAn authority may contract with a county or other political subdivision ofthis state for the authority to provide high-speed rail transportation services to anarea outside the border region on the terms and conditions agreed to by theparties.

(p)iiAn authority may purchase an additional insured provision to anyliability insurance contract.

(q)iiBefore beginning the operation of high-speed rail facilities, the boardshall adopt an annual operating budget specifying the anticipated revenues andexpenses of the authority for the remainder of the fiscal year. Each year the boardshall adopt an operating budget for the authority. The fiscal year of an authorityends September 30 unless changed by the board. The board shall hold a publichearing before adopting a budget other than the initial budget. Notice of eachhearing must be published at least seven days before the date of the hearing in anewspaper of general circulation in each county in the applicable border region.A budget may be amended at any time if notice of the proposed amendment isgiven in the notice of the meeting at which the amendment will be considered. Anexpenditure that is not budgeted may not be made.

(r)iiAn authority is eligible to participate in the Texas County and DistrictRetirement System.

(s)iiThe board shall by resolution name one or more banks for the deposit ofauthority funds. Authority funds are public funds and may be invested insecurities permitted by Chapter 2256, Government Code. To the extent funds ofan authority are not insured by the Federal Deposit Insurance Corporation or itssuccessor, they shall be collateralized in the manner provided for county funds.

(t)iiTo provide tax benefits to another party that are available with respect toproperty under the laws of a foreign country or to encourage private investmentwith a transportation authority in the United States, and notwithstanding anyother provision of this chapter, an authority may enter into and execute, as itconsiders appropriate, contracts, agreements, notes, security agreements,conveyances, bills of sale, deeds, leases as lessee or lessor, and currency hedges,swap transactions, or agreements relating to foreign and domestic currency. Theagreements or instruments may have the terms, maturities, duration, provisions asto governing law, indemnities, and other provisions that are approved by theboard. In connection with any transaction authorized by this subsection, theauthority shall deposit in trust, escrow, or similar arrangement cash or lawful


investments or securities, or shall enter into one or more payment agreements,

financial guarantees, or insurance contracts with counterparties having either a

corporate credit or debt rating in any form, a claims-paying ability, or a rating for

financial strength of "AA" or better by Moody ’s Investors Service, Inc., or by

Standard & Poor ’s Corporation or "A-" or better by BEST ’s rating system that, by

their terms, including interest to be earned on any cash or securities, are sufficient

in amount to pay when due all amounts required to be paid by the authority as

rent over the full term of the transaction plus any optional purchase price due

under the transaction. A certification in advance by an independent financial

expert, banker, or certified public accountant, who is not an employee of the

authority, certifying compliance with this requirement constitutes conclusive

evidence of compliance. Property sold, acquired, or otherwise transferred under

this subsection is considered for all purposes to be property owned and held by

the authority and used for public purposes.

Sec.i5.iiBONDS AND NOTES. (a) An authority may issue revenue bonds

and notes in amounts the board considers necessary or appropriate for the

acquisition, purchase, construction, reconstruction, repair, equipping,

improvement, or extension of the authority ’s high-speed rail facilities. A bond or

note is fully negotiable and may be made redeemable before maturity, at the

option of the authority and at the price and under the terms the board determines

in the resolution authorizing the bond or note and may be sold at public or private

sale, as the board determines.

(b)iiAn authority shall submit all bonds and notes and the record of

proceedings relating to their issuance to the attorney general for examination

before delivery. If the attorney general determines that they have been issued in

accordance with the constitution and this article and that they will be binding

obligations of the authority, the attorney general shall approve them, and the

comptroller shall register them. A bond or note issued under this article is

incontestable after approval, registration, and sale and delivery of the bond or

note to the purchaser.

(c)iiTo secure the payment of the bond or note, an authority may encumber

and pledge all or any part of the revenues of its high-speed rail facilities, may

mortgage and encumber all or part of the property of the high-speed rail facilities

and any thing pertaining to them that is acquired or to be acquired, and may

prescribe the terms and provisions of the bond or note in any manner not

inconsistent with this article. If not prohibited by the resolution or indenture

relating to outstanding bonds or notes, an authority may encumber separately any

item of real or personal property.

(d)iiA bond or note is a legal and authorized investment for banks, trust

companies, savings and loan associations, and insurance companies. The bond or

note is eligible to secure the deposit of public funds of this state or a municipality,

county, school district, or other political corporation or subdivision of this state.

The bond or note is lawful and sufficient security for the deposits to the extent of

the principal amount or market value of the bond or note, whichever is less.


Sec.i6.iiCOMPETITIVE BIDS. A contract in the amount of more than$15,000 for the construction of improvements or the purchase of material,machinery, equipment, supplies, or any other property other than real propertymay be let only on competitive bids after notice published, at least 15 days beforethe date set for receiving bids, in a newspaper of general circulation in eachcounty in the applicable border region. The board may adopt rules governing thetaking of bids and the awarding of contracts. This section does not apply to:

(1)iipersonal or professional services;(2)iithe acquisition of an existing rail transportation system; or(3)iia contract with a common carrier to construct lines or to operate

high-speed rail service on lines owned in whole or in part by the carrier.Sec.i7.iiEXEMPTION FROM TAXES. The property, material purchases,

revenues, and income of an authority and the interest on a bond or note issued byan authority are exempt from all taxes imposed by this state or a politicalsubdivision of this state.

Sec.i8.iiSALES AND USE TAX. (a) A sales and use tax is imposed onitems sold on authority property. The sales and use tax shall be imposed at therate of the highest combination of local sales and use taxes imposed at the time ofthe authority ’s creation in any local governmental jurisdiction in the applicableborder region. The comptroller shall remit to the authority the local sales and usetax collected on the authority ’s property. All other local sales and use taxes thatwould otherwise be imposed on authority property are abolished by theimposition of this tax.

(b)iiThe comptroller shall administer, collect, and enforce a tax imposedunder this article. Chapter 321, Tax Code, governs the computation,administration, governance, and use of the tax except as inconsistent with thisarticle.

(c)iiAn authority shall notify the comptroller in writing by registered orcertified mail of the authority ’s creation and of its intent to impose the sales anduse tax under this article. The authority shall provide to the comptroller allinformation required to implement the tax, including:

(1)iian adequate map showing the property boundaries of the authority;and

(2)iia certified copy of the resolution of the authority board adopting thetax.

(d)iiNot later than the 30th day after the date the comptroller receives thenotice, map, and other information, the comptroller shall inform the authority ofwhether the comptroller is prepared to administer the tax.

(e)iiAt the same time an authority notifies the comptroller under Subsection(c) of this section, the authority shall notify each affected local governmental unitof the authority ’s creation and provide each with an adequate map showing theproperty boundaries of the authority.

(f)iiNot later than the 30th day after the date an authority adds territory to theauthority, the authority shall notify the comptroller and each affected localgovernmental unit of the addition. The authority must include with eachnotification an adequate map showing the new boundaries of the authority andthe date the additional territory was added. Not later than the 30th day after the


date the comptroller receives the notice under this subsection, the comptrollershall inform the authority of whether the comptroller is prepared to administer thetax in the additional territory.

(g)iiA tax imposed under this section or the abolition of a tax underSubsection (a) of this section takes effect on the first day of the first completecalendar quarter that occurs after the expiration of the first complete calendarquarter that occurs after the date the comptroller receives a notice of the action asrequired by this section.

Representative Kolkhorst moved to table Amendment No. 27.


The motion to table was lost by (Record 601): 63 Yeas, 72 Nays, 1 Present,not voting.

Yeas — Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Callegari;Campbell; Cook, B.; Crownover; Dawson; Delisi; Denny; Driver; Eissler; Flynn;Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Hamilton; Hamric;Hardcastle; Harper-Brown; Hartnett; Hegar; Hill; Hope; Howard; Hughes; Hupp;Isett; Jackson; Keel; Keffer, B.; King, P.; Kolkhorst; Krusee; Madden; McCall;Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna;Riddle; Rose; Seaman; Smith, W.; Swinford; Talton; Taylor; Truitt; Van Arsdale;Wong; Woolley.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Brown, F.; Burnam; Casteel;Castro; Chavez; Coleman; Cook, R.; Crabb; Davis, J.; Davis, Y.; Deshotel;Dukes; Dunnam; Dutton; Edwards; Eiland; Elkins; Escobar; Farabee; Farrar;Flores; Frost; Gonzales; Gonzalez Toureilles; Guillen; Herrero; Hilderbran;Homer; Hopson; Hunter; Jones, D.; Jones, J.; Keffer, J.; King, T.; Kuempel;Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds;Menendez; Merritt; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Pickett;Puente; Quintanilla; Raymond; Ritter; Rodriguez; Smith, T.; Smithee; Solis;Solomons; Strama; Straus; Thompson; Turner; Uresti; Veasey; Villarreal; Vo;West.


Absent, Excused — Branch; Corte; Gallego; Hodge; Pena.

Absent — Allen, R.; Brown, B.; Chisum; Giddings; Haggerty; Hochberg;Laubenberg; Zedler.

STATEMENT OF VOTE

When Record No. 601 was taken, I was temporarily out of the housechamber. I would have voted yes.

Zedler


The vote of the house was taken on the adoption of Amendment No. 27 andthe vote was announced yeas 69, nays 68.




Yeas — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Casteel; Castro;Chavez; Chisum; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton;Edwards; Eiland; Elkins; Escobar; Farabee; Farrar; Flores; Frost; Giddings;Gonzales; Gonzalez Toureilles; Guillen; Haggerty; Herrero; Hochberg; Homer;Hopson; Hunter; Jones, D.; Jones, J.; King, T.; Kuempel; Laney; Leibowitz;Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt;Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Pickett; Puente; Quintanilla;Raymond; Ritter; Rodriguez; Smith, T.; Solis; Strama; Straus; Thompson; Turner;Uresti; Veasey; Villarreal; Vo.

Nays — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen;Brown, B.; Brown, F.; Callegari; Campbell; Cook, B.; Crabb; Crownover; Davis,J.; Dawson; Delisi; Denny; Driver; Eissler; Flynn; Gattis; Geren; Goolsby;Griggs; Grusendorf; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett;Hegar; Hilderbran; Hill; Hope; Howard; Hupp; Isett; Jackson; Keel; Keffer, B.;Keffer, J.; King, P.; Kolkhorst; Krusee; Laubenberg; Madden; McCall; Miller;Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Reyna; Riddle; Rose;Seaman; Smith, W.; Solomons; Swinford; Talton; Taylor; Truitt; Van Arsdale;West; Wong; Woolley; Zedler.


Absent, Excused — Branch; Corte; Gallego; Hodge; Pena.

Absent — Cook, R.; Goodman; Hughes; Pitts; Smithee.

The speaker stated that Amendment No. 27 failed of adoption by the abovevote.

Amendment No. 28

Representative Kolkhorst offered the following amendment to CSHBi2702:

Amend CSHB 2702 by adding the following appropriately numberedSECTION to the bill and renumbering subsequent SECTIONS of the bill asappropriate:

SECTIONi___. (a) Subchapter B, Chapter 224, Transportation Code, isamended by adding Section 224.034 to read as follows:

Sec.i224.034.iiLIMITATION ON SIZE. The entire width of a right-of-wayof a state highway, including a turnpike that has been designated as part of theTrans-Texas Corridor, may not exceed 800 feet in width.

(b)iiThis section applies only to a state highway construction project forwhich all or a part of the right-of-way has not been obtained on the effective dateof this Act.

(Gallego now present)


Amendment No. 29

Representative Bonnen offered the following amendment to CSHBi2702:

Amend CSHB 2702 by adding the following appropriately numberedSECTION to the bill and by renumbering the existing sections as appropriate:


SECTION___. Section 203.031, Transportation Code, is amended byadding Subsection (c) to read as follows:

(c) Within the existing boundaries of a controlled access highway, thecommission shall make reasonable accommodations in the highway right-of-wayfor public utilities and common carriers.

Representative P. King moved to table Amendment No. 29.


Amendment No. 30



SECTIONi .iiMORATORIUM ON DEVELOPMENT OFTRANS-TEXAS CORRIDOR. (a) The Texas Department of Transportation andany other person may not use state, federal, or other funds to implement the planfor the Trans-Texas Corridor.

(b)iiA select committee is established to perform a comprehensive study ofthe Trans-Texas Corridor plan. The committee shall be composed of 15members. Five members shall be appointed by the governor, five members shallbe appointed by the lieutenant governor, and five members shall be appointed bythe speaker of the house of representatives. The members of the committee shallelect one member as presiding officer. The committee shall hold meetings andpublic hearings at the call of the presiding officer. The committee shall make acomplete report, including findings and recommendations and drafts of anylegislation considered necessary, available to the public not later than October 1,2006. Before October 1, 2006, copies of the report shall be delivered to thegovernor, the lieutenant governor, and the speaker of the house of representatives.

(c)iiThis section of this Act expires September 1, 2007.(d)iiThis section of this Act takes effect immediately if this Act receives a

vote of two-thirds of all the members elected to each house, as provided bySection 39, Article III, Texas Constitution. If this Act does not receive the votenecessary for immediate effect, this section of this Act takes effect September 1,2005.

Amendment No. 30 - Point of Order

Representative Krusee raised a point of order against further considerationof Amendment No. 30 under Rule 11, Section 2 of the House Rules on thegrounds that a motion on a different subject was offered as the amendment.

The speaker sustained the point of order.

The ruling precluded further consideration of Amendment No. 30.

Amendment No. 31

Representative Vo offered the following amendment to CSHBi2702:

Amend CSHB 2702 by adding the following appropriately numberedsections to the bill and renumbering existing sections accordingly:


SECTION ___. Section 551.301, Transportation Code, is amended by

amending Subdivision (2) and adding Subdivision (3) to read as follows:

(2)ii"Motor assisted scooter":

(A)iimeans a self-propelled device with:

(i)i[(A)]iiat least two wheels in contact with the ground during

operation;

(ii)i[(B)]iia braking system capable of stopping the device

under typical operating conditions;

(iii)i[(C)]iia gas or electric motor not exceeding 40 cubic

centimeters;

(iv)i[(D)]iia deck designed to allow a person to stand or sit

while operating the device; and

(v)i[(E)]iithe ability to be propelled by human power alone; and

(B)iidoes not include a pocket bike or minimotorbike.

(3)ii"Pocket bike or minimotorbike" means a self-propelled vehicle that

is equipped with an electric motor or internal combustion engine having a piston

displacement of less than 50 cubic centimeters, is designed to propel itself with

not more than two wheels in contact with the ground, has a seat or saddle for the

use of the operator, is not designed for use on a highway, and is ineligible for a

certificate of title under Chapter 501. The term does not include:

(A)iia moped or motorcycle;

(B)iian electric bicycle or motor-driven cycle, as defined by Section

541.201;

(C)iia motorized mobility device, as defined by Section 542.009;

(D)iian electric personal assistive mobility device, as defined by

Section 551.201; or

(E)iia neighborhood electric vehicle.

SECTION ___. Subchapter D, Chapter 551, Transportation Code, is


Sec.i551.304.iiAPPLICATION OF SUBCHAPTER TO POCKET BIKE OR

MINIMOTORBIKE. This subchapter may not be construed to authorize the

operation of a pocket bike or minimotorbike on any:

(1)iihighway, road, or street;

(2)iipath set aside for the exclusive operation of bicycles; or

(3)iisidewalk.





Members registering votes are as follows: Burnam, Dunnam, Farabee, Flynn,

Guillen, Hamilton, Hardcastle, Isett, D. Jones, Keel, Menendez, Naishtat,

Raymond, Rodriguez, Rose, Solomons, Talton, and Thompson recorded voting

no.)



Representative Hill requested permission for the Committee on LocalGovernment Ways and Means to meet while the house is in session at 9 p.m.today, in 3W.9, for a formal meeting, to consider pending business.




Local Government Ways and Means, 9 p.m. today, 3W.9, for a formalmeeting, to consider pending business.

CSHB 2568 ON SECOND READING(by Eiland)

CSHB 2568, A bill to be entitled An Act relating to certain retired schoolemployees and the powers and duties of the Teacher Retirement System of Texas.

(Talton in the chair)


Representative Delisi requested permission for the Committee on PublicHealth to meet while the house is in session at 9:30 p.m. today, in 3W.9, for aformal meeting, to consider pending legislation in committee.




Public Health, 9:30 p.m. today, 3W.9, for a formal meeting, to considerpending legislation in committee.


The following member was granted leave of absence temporarily for todaybecause of appropriations business:

Gattis on motion of B. Cook.


Amendment No. 1

Representative McReynolds offered the following amendment toCSHBi2568:

Amend CSHB 2568 by Eiland as follows:(1) On page 15, lines 18-25, strike Section 12 in its entirety and insert the

following new Section 12.SECTION 12. Section 825.110, Government Code, is amended to read as

follows:Section 825.110. DETERMINATION OF ANNUAL COMPENSATION.

The board of trustees [may] shall adopt rules to exclude from annualcompensation all or part of salary and wages in the final years of a member ’s


employment that reasonably can be presumed to have been derived from a

conversion of fringe benefits, maintenance, or other payments not includable in

annual compensation to salary and wages. The board of trustees [may] shall adopt

rules that include a percentage limitation on the amount of increases in annual

compensation that may be subject to credit and deposit during a member ’s finalyears of employment.


Amendment No. 2

Representative McReynolds offered the following amendment to

CSHBi2568:

Amend CSHB 2568 by Eiland as follows:

(1) On page 12, line 26, replace "60" with "58".

(2) On page 15, revise lines 1 through 13 to read as follows:

Age at date ofretirement

50 51 52 53 54 55 56 57 58

Minimumyears of

service creditrequired

30 29 28 27 26 25 24 23 22

Percentage ofstandardannuity

receivable

60% 65% 70% 75% 80% 85% 90% 95% 100%

CSHB 2568 - POINT OF ORDER

Representative Y. Davis raised a point of order against further consideration

of CSHB 2568 under Rule 4, Section 32(c)(3) of the House Rules on the grounds

that the committee report does not contain a proper rulemaking authority

statement.



The ruling precluded further consideration of CSHB 2568.


(by Hilderbran)

CSHB 2026, A bill to be entitled An Act relating to the taking and

possession of certain wildlife or eggs, including requirements related to

taxidermy and tanning and to harmful aquatic plants; imposing a penalty.

Amendment No. 1

Representative Hilderbran offered the following amendment to CSHBi2026:



SECTION __. (a) The Parks and Wildlife Department shall conduct a studyconcerning the use and maintenance of the state parks account and the Texasrecreation and parks account.

(b) The study conducted under Subsection (a) of this section must:(1) evaluate the efficiency of the present use of revenue in both

accounts or either account;(2) identify potential new revenue sources for both accounts or either

account; and(3) identify innovative approaches to managing both accounts or either

account.(c) The Parks and Wildlife Department shall complete the study conducted

under Subsection (a) of this section not later than September 1, 2006.(d) Not later than January 1, 2007, the Parks and Wildlife Department shall

submit to the governor, the lieutenant governor, the speaker of the house ofrepresentatives, and the chair of each committee of the legislature that hasprimary oversight jurisdiction over the department a written report thatsummarizes the findings the study conducted under Subsection (a) of this section.


Amendment No. 2

Representative McReynolds offered the following amendment toCSHBi2026:

Amend CSHB 2026 (House Committee Printing) as follows:(1)iiInsert the following appropriately numbered SECTIONS and renumber

subsequent SECTIONS of the bill accordingly:SECTIONi_____.iiSection 62.0065, Parks and Wildlife Code, as added by

this Act, is intended to provide an enforcement tool to deter the unlawful huntingof deer with dogs in certain East Texas counties where the activity has historicallyoccurred. Section 62.0065, Parks and Wildlife Code, as added by this Act, is notintended to prevent a person from engaging in lawful hunting activities, includinghunting waterfowl, feral hogs, white-tailed deer, and red or gray squirrels, ortrailing a wounded deer in counties where that is lawful.

SECTIONi_____.iiSubchapter A, Chapter 62, Parks and Wildlife Code, isamended by adding Section 62.0065 to read as follows:

Sec.i62.0065.iiHUNTING DEERWITH DOGS. (a) Except as provided bySubsection (d), a person may not recklessly use a dog to hunt or pursue a deer inthis state.

(b)iiThe commission by rule may prescribe the type of firearm that may bepossessed during an open deer season by a person who is in actual or constructivepossession of a dog while in the field on another person ’s land or property inAngelina, Hardin, Harris, Harrison, Houston, Jasper, Jefferson, Liberty,Montgomery, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, SanAugustine, San Jacinto, Shelby, Trinity, Tyler, or Walker County.


(c)iiIt is not a defense to prosecution under Subsection (a) or to prosecutionfor violation of a rule adopted under Subsection (b) that the defendant was not theowner or in immediate possession of the dog or that the offense or violation wascommitted without the effective consent of the dog ’s owner.

(d)iiThe commission by rule may authorize the use of dogs to trail woundeddeer.

SECTIONi_____.iiSections 62.013(b) and (c), Parks and Wildlife Code, areamended to read as follows:

(b)iiA person who violates Section 62.003, 62.004, 62.005, 62.0065, or62.011(c), or a rule adopted under Section 62.0065 [of this code] commits anoffense that is a Class A Parks and Wildlife Code misdemeanor, unless it isshown at the trial of the defendant for a violation of that section or rule, asappropriate, that the defendant has been convicted one or more times before thetrial date of a violation of that section or rule, as appropriate, in which case theoffense is a Parks and Wildlife Code state jail felony.

(c)iiIn addition to the punishments provided in Subsections (a) and (b), aperson who violates Section 62.003, 62.004, 62.005, 62.0065, or 62.011(c), or arule adopted under Section 62.0065 [of this code] is punishable by the revocationor suspension under Section 12.5015 of hunting and fishing licenses and permits.

SECTIONi_____.iiSections 62.017(a) and (c), Parks and Wildlife Code, areamended to read as follows:

(a)iiIf a person is finally convicted of an offense under Section 61.022,62.003, 62.004, 62.005, 62.0065, or 62.011(c), or violation of a rule adoptedunder Section 62.0065, the court entering judgment of conviction may order anyweapon or other personal property used in the commission of the offense orviolation destroyed or forfeited to the department.

(c)iiThis section does not apply to a vehicle, aircraft, [or] vessel, or dog.SECTIONi_____.iiSections 12.5015(a), (b), and (c), Parks and Wildlife

Code, are amended to read as follows:(a)iiExcept as provided by this section, any hunting or fishing license or

permit issued by the department to a person is automatically revoked on finalconviction of the person of an offense under Section 61.022, 62.003, 62.004,62.005, 62.0065, 62.011(c), 66.004(a), or 66.004(c) or a violation of a ruleadopted under Section 62.0065.

(b)iiIf the holder of a lifetime license is finally convicted of an offense underSection 61.022, 62.003, 62.004, 62.005, 62.0065, 62.011(c), 66.004(a), or66.004(c), or a violation of a rule adopted under Section 62.0065, the person ’slifetime license is automatically suspended. The suspension is for a period set bythe court of not less than one year or more than five years. If the court does notset a period, the suspension is for one year from the date the conviction becomesfinal.

(c)iiOn conviction of a person for an offense under Section 61.022, 62.003,62.004, 62.005, 62.0065, 62.011(c), 66.004(a), or 66.004(c), or a violation of arule adopted under Section 62.0065, the court shall set a period of not less thanone year and not more than five years during which the department may not issuethat person a license, tag, or stamp under Chapter 42, 46, or 50. If the court does


not set a period, the department may not issue that person a license, tag, or stamp

under Chapter 42, 46, or 50 before the first anniversary of the date the conviction

becomes final.

(2)iiOn page 14, line 26, strike "Section 12.409" and substitute "Sections

12.409, 12.5015, 62.013, and 62.017".


Amendment No. 3

Representative Campbell offered the following amendment to CSHBi2026:


SECTION to the bill and renumbering subsequent SECTIONS of the bill

accordingly:

SECTION __. Chapter 43, Parks and Wildlife Code, is amended by adding

Subchapter S to read as follows:

SUBCHAPTER S. PERMIT TO CONTROL CERTAIN DEER CAUSING

DEPREDATION

Sec. 43.651. APPLICATION OF SUBCHAPTER. This subchapter applies

only to depredating antlerless white-tailed deer and to the taking of those deer.

For purposes of this subchapter, a deer is antlerless if the deer does not have a

visible antler.

Sec. 43.652. THREAT OF DAMAGE BY DEER. A person who has

evidence showing that white-tailed deer historically have caused depredation to

the person ’s agricultural or horticultural interests and who may desire to take the

deer shall give written notice of the facts concerning the historical depredation to

the department.

Sec. 43.653. APPLICATION FOR PERMIT. (a) Not later than the 30th

day before the first date a person described by Section 43.652 intends to plant a

crop that is susceptible to damage caused by white-tailed deer, the person may

file with the department an application for a permit to take depredating deer.

(b) The application must be in writing and must contain:

(1) a statement of:

(A) facts relating to the damage historically caused by the deer; and

(B) the first date the person intends to plant a crop that is

susceptible to damage caused by deer; and

(2) an agreement by the applicant to comply with the provisions of this

subchapter relating to the disposition of any deer taken under the permit.

(c) The application must be accompanied by:

(1) a statement signed by an employee of the office of the Texas

Cooperative Extension serving the area where the applicant ’s property is located

verifying that:

(A) the applicant ’s property is typically used to plant a crop that is

susceptible to damage caused by depredating deer; and

(B) damage caused by depredating deer is historically a problem on

the applicant ’s property; and


(2) a statement by the applicant that the applicant or the applicant ’sagent or lessee uses the applicant ’s property for agricultural or horticulturalpurposes.

Sec. 43.654. PERMIT. (a) Except as provided by Section 43.658, not laterthan the 30th day after the date the department receives an application thatcomplies with Section 43.653, the department may issue a permit for the takingof antlerless white-tailed deer causing depredation without regard to the closedseason, bag limit, or means and methods. If the department issues a permit underthis subsection, the department shall deliver the permit immediately to thepermittee.

(b) A permit is valid from the date the permittee indicates on the permitapplication as the first date the permittee intends to plant a crop that is susceptibleto damage caused by deer through the 30th day after that date. The permit mustspecify:

(1) the cropland to which the permit applies; and(2) the persons permitted to take the deer.

(c) A permit is automatically extended for the 15 days immediatelyfollowing the 30-day period described by Subsection (b) if the permittee, not laterthan the second day before the end of the 30-day period described by Subsection(b), notifies the department or a department employee of the permittee ’s intentionto extend the permit.

Sec. 43.655. DISPOSITION OF DEER. (a) A permittee who takes deerunder the authority of the permit shall dispose of any deer carcass in a mannerthat preserves as safe for human consumption as much of the carcass as possibleand may donate the deer carcass to a charitable institution, hospital, or needyperson.

(b) The permittee shall provide documentation on a form prescribed by thedepartment to any person who receives a deer taken under this subchapter. Thedocumentation must accompany the deer until the deer reaches a final destinationand is finally processed. For purposes of this subsection, "final destination" and"final processing" have the meanings assigned by Section 42.001.

(c) On the expiration of a permit issued under this subchapter, the permitteeshall report to the department on a form prescribed by the department the totalnumber of deer taken under the permit.

Sec. 43.656. CANCELLATION OF PERMIT. The department may cancela permit if the permit does not accomplish its intended purposes.

Sec. 43.657. VIOLATIONS; PENALTY. (a) A permittee may not disposeof a deer taken under a permit issued under this subchapter or allow the deer to bedisposed of except as allowed under Section 43.655.

(b) A permittee may not violate a term or condition of the permit.(c) A person who violates this section commits an offense that is a Class B

Parks and Wildlife Code misdemeanor.Sec. 43.658. DENIAL OF PERMIT. The department may refuse to issue a

permit under this subchapter to a person who previously has failed to submit tothe department the report required by Section 43.655(c).


Sec. 43.659. PERMIT INFORMATION CONFIDENTIAL. The name of apermittee and the application for a permit and any information accompanying theapplication under this subchapter are confidential and not subject to disclosureunder Chapter 552, Government Code.

Sec. 43.660. RULES. The commission may adopt rules as necessary toimplement and enforce this subchapter.


Amendment No. 4

Representative Hartnett offered the following amendment to CSHBi2026:

Amend CSHB 2026 as follows:(1) Add the following appropriately numbered SECTION to the bill and

renumber the other SECTIONS of the bill accordingly:SECTION___. Section 42.10(e), Penal Code, is amended to read as

follows:(e) An offense under Subdivision [(1) or] (5) of Subsection (a) is a Class A

misdemeanor. An offense under Subdivision (1), (2), (3), or (4) of Subsection (a)is a state jail felony. An offense under Subdivision (6) of Subsection (a) is a ClassC misdemeanor.

(2) On page 14, line 27, between "Code," and "as amended", insert "andSection 42.10(e), Penal Code,".



CSHB 2233 ON SECOND READING(by J. Keffer)

CSHB 2233, A bill to be entitled An Act relating to state and certain localfiscal matters.

Amendment No. 1

Representative J. Keffer offered the following amendment to CSHBi2233:

Amend CSHB 2233 as follows:1. On page 1, line 11, between "collected" and "and", insert "not to exceed

the amount added as the collection fee".2. On page 11, lines 1 through 9, strike SECTION 20.


Amendment No. 2

Representative Ritter offered the following amendment to CSHBi2233:

Amend CSHB 2233 (House committee printing) by adding the followingSECTIONS to the bill, appropriately numbered, and renumbering subsequentSECTIONS of the bill accordingly:


SECTION___. The heading to Section 2303.504, Government Code, aseffective September 1, 2005, is amended to read as follows:

Sec. 2303.504. STATE TAX REFUNDS AND CREDITS; REPORT.SECTION___. Sections 2303.504 (a) and (c), Government Code, as

effective September 1, 2005, are amended to read as follows:(a) Subject to Section 2303.516, an enterprise project is entitled to:

(1) a refund of state taxes under Section 151.429, Tax Code; and(2) a franchise tax credit under Subchapter P or Q, Chapter 171, Tax

Code.(c) Not later than the 60th day after the last day of each fiscal year, the

comptroller shall report to the bank the statewide total of actual jobs created,actual jobs retained, and the tax refunds and credits made under this sectionduring that fiscal year.

SECTION___. Sections 2303.516(b) and (d), Government Code, areamended to read as follows:

(b) The comptroller [bank] may determine that the business or project is notentitled to a refund or credit of state taxes under Section 2303.504(a) if thecomptroller [bank] finds that:

(1) the business or project is not willing to cooperate with thecomptroller [bank] in providing the comptroller [bank] with the information thecomptroller [bank] needs to determine state benefits [make the determinationunder Subsection (a)]; or

(2) the business or project has substantially failed to follow through onany commitments made by it or on its behalf under this chapter.

(d) A qualified business may obtain a state benefit, earned through aspecific enterprise project designation, on completion of:

(1) a certification of the project or activity for completeness that isconducted [an audit performed] by the comptroller to verify [that will certify]hiring commitments of a qualified business under this chapter;

(2) a certification conducted by the comptroller to verify [and] eligiblepurchases of taxable items made by or on behalf of the [a] qualified businessunder this chapter; and

(3) a verification of the capital investment for the project or activity,conducted by the comptroller, to determine the level of benefit achieved by thequalified business.

SECTION___. Section 2303.517, Government Code, is amended to read asfollows:

Sec. 2303.517. REPORT. Before obtaining a state benefit, the qualifiedbusiness must submit to the comptroller [bank] a certified report of the actualnumber of jobs created or retained and the capital investment made at orcommitted to the qualified business site.

SECTION___. Section 151.429(a), Tax Code, as effective September 1,2005, is amended to read as follows:

(a) An enterprise project is eligible for a refund in the amount provided bythis section of the taxes imposed by this chapter on purchases of taxable items[:


[(1) equipment or machinery sold to an enterprise project for use at the

qualified business site;

[(2) building materials sold to an enterprise project for use in

remodeling, rehabilitating, or constructing a structure at the qualified business

site;

[(3) labor for remodeling, rehabilitating, or constructing a structure by

an enterprise project at the qualified business site;and

[(4) electricity and natural gas purchased and consumed in the normal

course of business at the qualified business site].

SECTION___. Section 171.721(2), Tax Code, is amended to read as

follows:

(2) "Strategic investment area" means an area that is determined by the

comptroller under Section 171.726 that is:

(A) a county within this state with above state average

unemployment and below state average per capita income;

(B) an area within this state that is a federally designated urban

enterprise community, [or] an urban enhanced enterprise community, an

empowerment zone and associated developable areas, or a renewal community;

or

(C) a defense economic readjustment zone designated under

Chapter 2310, Government Code.

SECTION___. Section 2303.516(c), Government Code, is repealed.


Amendment No. 3

Representative Dukes offered the following amendment to CSHBi2233:


(1)iiAdd the following appropriately numbered SECTION to the bill and

renumber subsequent SECTIONS of the bill accordingly:

SECTIONi__.ii(a) Subchapter E, Chapter 152, Tax Code, is amended by


Sec. 152.094. MOTOR VEHICLES USED IN TELEVISION, MOTION

PICTURE, VIDEO, OR AUDIO PRODUCTIONS. (a) In this section,

"nonbroadcast, industrial, or educational recorded material" means material

produced for instructional, educational, sales, promotional, amusement, or

entertainment purposes, regardless of the medium used or the manner displayed

or transmitted. The term includes recording of events for sale to interested

persons.

(b)iiThe taxes imposed by this chapter do not apply to the purchase, rental,

or use of a motor vehicle used exclusively in connection with the production for

consideration of a television film, commercial, or program, nonbroadcast,

industrial, or educational recorded material, a motion picture, or a video or audio

recording, a copy of which is sold or offered for ultimate sale, licensed,

distributed, broadcast, or otherwise commercially exhibited.


(c)iiThe tax that would have been remitted on gross rental receipts without

the exemption provided by this section is considered to have been remitted for the

purpose of computing the minimum gross rental receipts tax imposed by Section

152.026.

(b)iiSubchapter C, Chapter 156, Tax Code, is amended by adding Section

156.105 to read as follows:

Sec.i156.105.iiEXCEPTION–PERSONS INVOLVED IN TELEVISION,

MOTION PICTURE, VIDEO, OR AUDIO PRODUCTIONS. (a) In this section,

"nonbroadcast, industrial, or educational recorded material" means material

produced for instructional, educational, sales, promotional, amusement, or

entertainment purposes, regardless of the medium used or the manner displayed

or transmitted. The term includes recording of events for sale to interested

persons.

(b)iiSubject to this section, this chapter does not impose a tax on a person

involved exclusively in the production for consideration of a television film,

commercial, or program, nonbroadcast, industrial, or educational recorded

material, a motion picture, or a video or audio recording, a copy of which is sold

or offered for ultimate sale, licensed, distributed, broadcast, or otherwise

commercially exhibited, provided that the person has the right to use or possess a

room in one hotel or in a series of two or more hotels for at least three

consecutive days.

(c)iiA person otherwise excepted under this section shall pay the tax

imposed by this chapter and is entitled to a refund of the amount of tax paid in

accordance with Section 156.154.

(c)iiSection 156.154(a), Tax Code, is amended to read as follows:

(a)iiA governmental entity [that is] entitled under Section 156.103 or a

person entitled under Section 156.105 to a refund of taxes paid under this chapter

must file a refund claim with the comptroller.

(d)iiThe change in law made by this section does not affect taxes imposed

before the effective date of this section, and the law in effect before the effective

date of this section is continued in effect for the purposes of the liability for and

collection of those taxes.

(e)iiThis section takes effect July 1, 2005, if this Act receives a vote of

two-thirds of all the members elected to each house, as provided by Section 39,

Article III, Texas Constitution. If this Act does not receive the vote necessary for

effect on that date, this section takes effect October 1, 2005.

(2)iiOn page 20, line 4, between "section" and the comma, insert "or as

otherwise provided by this Act".

(3)iiOn page 20, line 11, between "session" and the semicolon, insert ",

except as otherwise provided by this Act".


Amendment No. 4

Representative Solomons offered the following amendment to CSHBi2233:



SECTIONi__.iiSubtitle B, Title 3, Government Code, is amended by addingChapter 320A to read as follows:

CHAPTER 320A. REVIEW OF STATE AND LOCALTAXESSec.i320A.001.iiDEFINITION. In this chapter, "committee" means the

select committee on revenue.Sec.i320A.002.iiSELECT COMMITTEE ON REVENUE. (a) The select

committee on revenue is composed of:(1)iithree members of the senate, appointed by the lieutenant governor;(2)iithree members of the house of representatives, appointed by the

speaker of the house of representatives;(3)iieight public members, of which:

(A)iifour are appointed by the governor;(B)iitwo are appointed by the lieutenant governor; and(C)iitwo are appointed by the speaker of the house of

representatives; and(4)iithe comptroller.

(b)iiThe speaker of the house of representatives shall select one member ofthe committee appointed under Subsection (a)(2) to serve as chair of thecommittee. The lieutenant governor shall select one member of the committeeappointed under Subsection (a)(1) to serve as vice chair of the committee.

(c)iiThe committee shall meet at the call of the chair.(d)iiMembers of the committee must be appointed not later than September

1 of the first odd-numbered year of each decade. Each member serves until thelegislature convenes in regular session in the second odd-numbered year of thedecade for which the member was appointed to serve.

Sec.i320A.003.iiPURPOSE; DUTIES. The committee shall meet to conductstudies and draft proposed legislation regarding state and local taxation. Inconducting studies, the committee shall:

(1)iievaluate the impact of state and local taxation and the expendituresof the state and local tax revenue on economic development in this state;

(2)iiexamine the relationship between:(A)iitaxes and other revenue sources and the revenue needs of the

state government and local governments, with particular consideration given toprojected demographic trends in this state; and

(B)iithe tax burden imposed on taxpayers, categorized by householdincome level or business sector, as applicable, and the benefits those taxpayersreceive from government expenditures in this state;

(3)iievaluate state and local taxes and develop recommendations forretaining or repealing certain taxes or for amending a provision related to the tax;and

(4)iimake recommendations for retaining, repealing, or amending taxcredits, exemptions, discounts, exclusions, special valuations, special accountingtreatments, special rates, and special methods of reporting.


Sec.i320A.004.iiREPORT. The committee shall present to the legislatureand the governor a report on the studies conducted and the recommendationsdeveloped by the committee under Section 320A.003. The report must includedrafts of any proposed legislation needed to carry out the committee ’srecommendations.

Sec.i320A.005.iiSTAFF. (a) The committee may hire staff as the committeedetermines necessary.

(b)iiOn the request of the committee, the Legislative Budget Board, theTexas Legislative Council, the office of the governor, the comptroller, the senate,and the house of representatives shall provide other staff necessary to carry outthe duties of the committee.

Sec.i320A.006.iiCOOPERATION OF OTHER STATE ENTITIES. Thecommittee may request the assistance of any state agency, department, or office ifthe committee needs assistance to discharge the committee ’s duties. The agency,department, or office shall provide the requested assistance.

Sec.i320A.007.iiEXPENSES. The operating expenses of the committeeshall be paid from available funds of the office of the governor and the contingentexpense funds of the senate and the house of representatives, as agreed by thoseentities. The committee members are entitled to reimbursement from those fundsfor expenses incurred by the members in carrying out this chapter.


Amendment No. 5

Representative Solomons offered the following amendment to CSHBi2233:

Amend CSHB 2233 as follows:(1)iiAdd the following appropriately numbered SECTION to the bill and

renumber subsequent SECTIONS of the bill accordingly:SECTIONi___. (a) Subchapter L, Chapter 151, Tax Code, is amended by

adding Section 151.715 to read as follows:Sec.i151.715.iiCOLLECTION OF AMOUNTS IN EXCESS OF TAX

IMPOSED; CIVIL PENALTY. (a) A person may not collect as a tax imposed bythis chapter:

(1)iiany amount that exceeds the tax actually imposed by this chapter onthe sale of a taxable item; or

(2)iiany amount on the sale of an item that is exempt from the taximposed by this chapter.

(b)iiThe comptroller shall send a written notice to a person who violatesSubsection (a) that directs the person to cease collecting amounts described bythat subsection. If, after the person receives two written notices from thecomptroller, the person continues collecting an amount described by thatsubsection, the person shall pay a penalty of $1,000 for each sale on which theperson collects an amount described by that subsection.

(c)iiThe penalty provided by this section is assessed without regard towhether the person against whom the penalty is assessed remits to the comptrollerthe excess amounts collected.


(b)iiSection 151.715, Tax Code, as added by this section, applies only to thesale of an item that occurs on or after the effective date of this section. The sale ofan item that occurs before the effective date of this section is governed by the lawin effect on the date the sale occurred, and the former law is continued in effectfor that purpose.

(2)iiOn page 20, line 24, strike "and".(3)iiOn page 20, line 26, between "Code" and the period, insert the

following:; and

(3)iiSection 151.715, Tax Code


Amendment No. 6


Amend CSHB 2233 by inserting the following appropriately numberedsections to read as follows and renumbering subsequent sections accordingly:

SECTIONi____.iiSections 162.001(20) and (43), Tax Code, are amended toread as follows:

(20)ii"Distributor" means a person who acquires motor fuel from alicensed supplier, permissive supplier, or another licensed distributor and whomakes sales at wholesale and whose activities may also include sales at retail.The term includes a person engaged in the tax-free sale of dyed diesel fuel tomarine vessels.

(43)ii"Motor fuel transporter" means a person who transports gasoline,diesel fuel, or gasoline blended fuel for hire outside the bulk transfer/terminalsystem by means of a transport vehicle, a railroad tank car, or a marine vessel.

SECTIONi____.iiSection 162.004(b), Tax Code, is amended to read asfollows:

(b)iiThe shipping document issued by the terminal operator or operator of abulk plant shall contain the following information and any other informationrequired by the comptroller:

(1)iithe terminal control number of the terminal or physical address ofthe bulk plant from which the motor fuel was received;

(2)iithe name [and license number] of the purchaser;(3)iithe date the motor fuel was loaded;(4)iithe net gallons loaded, or the gross gallons loaded if the fuel was

purchased from a bulk plant;(5)iithe destination state of the motor fuel, as represented by the

purchaser of the motor fuel or the purchaser ’s agent; and(6)iia description of the product being transported.

SECTIONi____.iiSection 162.016(a), Tax Code, is amended to read asfollows:

(a)iiA person may not import motor fuel to a destination in this state orexport motor fuel to a destination outside this state by any means unless theperson possesses a shipping document for that fuel created by the terminal orbulk plant at which the fuel was received. The shipping document must include:


(1)iithe name and physical address of the terminal or bulk plant from

which the motor fuel was received for import or export;

(2)iithe name [and federal employer identification number, or the social

security number if the employer identification number is not available,] of the

carrier transporting the motor fuel;

(3)iithe date the motor fuel was loaded;

(4)iithe type of motor fuel;

(5)iithe number of gallons:

(A)iiin temperature-adjusted gallons if purchased from a terminal

for export or import; or

(B)iiin temperature-adjusted gallons or in gross gallons if purchased

from a bulk plant;

(6)iithe destination of the motor fuel as represented by the purchaser of

the motor fuel and the number of gallons of the fuel to be delivered, if delivery is

to only one state;

(7)iithe name[, federal employer identification number, license number,

and physical address] of the purchaser of the motor fuel;

(8)iithe name of the person responsible for paying the tax imposed by

this chapter, as given to the terminal by the purchaser if different from the

licensed supplier or distributor; and

(9)iiany other information that, in the opinion of the comptroller, is

necessary for the proper administration of this chapter.

SECTIONi____.iiSection 162.113(d), Tax Code, is amended to read as

follows:

(d)iiThe supplier or permissive supplier shall [has the right], after notifying

the comptroller of the licensed distributor ’s or licensed importer ’s failure to remittaxes under this section, [to] terminate the ability of the licensed distributor or

licensed importer to defer the payment of gasoline tax. The supplier or permissive

supplier shall reinstate without delay the right of the licensed distributor or

licensed importer to defer the payment of gasoline tax after the comptroller

provides to the supplier or permissive supplier notice that the licensed distributor

or licensed importer is in good standing with the comptroller for the purposes of

the gasoline tax imposed under this subchapter.

SECTIONi____.iiSection 162.115, Tax Code, is amended by adding

Subsection (m-1) to read as follows:

(m-1)iiIn addition to the records specifically required by this section, a

license holder shall keep any other record required by the comptroller.

SECTIONi____.iiSections 162.116(a) and (d), Tax Code, are amended to

read as follows:

(a)iiThe monthly return and supplements of each supplier and permissive

supplier shall contain for the period covered by the return:

(1)ii[the number of net gallons of gasoline received by the supplier or

permissive supplier during the month, sorted by product code, seller, point of

origin, destination state, carrier, and receipt date;


[(2)]iithe number of net gallons of gasoline removed at a terminal rackduring the month from the account of the supplier, sorted by product code, personreceiving the gasoline, terminal code, and carrier;

(2)i[(3)]iithe number of net gallons of gasoline removed during themonth for export, sorted by product code, person receiving the gasoline, terminalcode, destination state, and carrier;

(3)i[(4)]iithe number of net gallons of gasoline removed during themonth from a terminal located in another state for conveyance to this state, asindicated on the shipping document for the gasoline, sorted by product code,person receiving the gasoline, terminal code, and carrier;

(4)i[(5)]iithe number of net gallons of gasoline the supplier orpermissive supplier sold during the month in transactions exempt under Section162.104, sorted by [product code, carrier,] purchaser[, and terminal code;

[(6)iithe number of net gallons of gasoline sold in the bulktransfer/terminal system in this state to any person not holding a supplier ’s orpermissive supplier ’s license]; and

(5)i[(7)]iiany other information required by the comptroller.(d)iiFor purposes of Subsection (c), all payments or credits in reduction of a

customer ’s account must be applied ratably between motor fuels and other goodssold to the customer, and the credit allowed will be the tax on the number ofgallons represented by the motor fuel portion of the credit. The comptroller maynot require a supplier or permissive supplier to remit from a payment or credit inreduction of a customer ’s account any tax for which the supplier or permissivesupplier was allowed to take a credit.

SECTIONi____.iiSection 162.118, Tax Code, is amended to read asfollows:

Sec.i162.118.iiINFORMATION REQUIRED ON DISTRIBUTOR ’SRETURN. The monthly return and supplements of each distributor shall containfor the period covered by the return:

(1)iithe number of net gallons of gasoline received by the distributorduring the month, sorted by product code and[,] seller[, point of origin,destination state, carrier, and receipt date];

(2)iithe number of net gallons of gasoline removed at a terminal rack bythe distributor during the month, sorted by product code, seller, and terminalcode[, and carrier];

(3)iithe number of net gallons of gasoline removed by the distributorduring the month for export, sorted by product code, terminal code, bulk plantaddress, destination state, and carrier;

(4)iithe number of net gallons of gasoline removed by the distributorduring the month from a terminal located in another state for conveyance to thisstate, as indicated on the shipping document for the gasoline, sorted by productcode, seller, terminal code, bulk plant address, and carrier;

(5)iithe number of net gallons of gasoline the distributor sold during themonth in transactions exempt under Section 162.104, sorted by product code andpurchaser; and

(6)iiany other information required by the comptroller.



Sec.i162.123.iiINFORMATION REQUIRED ON BLENDER ’S RETURN.The monthly return and supplements of each blender shall contain for the periodcovered by the return:

(1)ii[the number of net gallons of gasoline received by the blenderduring the month, sorted by product code, seller, point of origin, carrier, andreceipt date;

[(2)]iithe number of net gallons of product blended with gasoline duringthe month, sorted by product code, type of blending agent if no product codeexists, seller, and carrier;

[(3)iithe number of net gallons of blended gasoline sold during themonth and the license number or name and address of the entity receiving theblended gasoline;] and

(2)i[(4)]iiany other information required by the comptroller.SECTIONi____.iiSection 162.127, Tax Code, is amended by adding

Subsection (g) to read as follows:(g)iiThe comptroller shall issue a refund warrant to a distributor not later

than the 60th day after the date the comptroller receives a valid refund claim fromthe distributor. If the comptroller does not issue the refund warrant by that date,the amount of the refund draws interest at the rate provided by Section 111.060beginning on the 61st day after the date the comptroller receives the valid refundclaim and ending on the date the comptroller issues the refund warrant.

SECTIONi____.iiSection 162.206, Tax Code, is amended by amendingSubsection (c) and adding Subsections (c-1) and (h-1) to read as follows:

(c)iiA person may not make a tax-free purchase and a licensed supplier ordistributor may not make a tax-free sale to a purchaser of any dyed diesel fuelunder this section using a signed statement for the first sale or purchase and forany subsequent sale or purchase[:

[(1)iifor the purchase or the sale of more than 7,400 gallons of dyeddiesel fuel in a single delivery; or

[(2)]iiin a calendar month for [in which the person has previouslypurchased from all sources or in which the licensed supplier has previously soldto that purchaser] more than:

(1)i[(A)]ii10,000 gallons of dyed diesel fuel;(2)i[(B)]ii25,000 gallons of dyed diesel fuel if the purchaser stipulates in

the signed statement that all of the fuel will be consumed by the purchaser in theoriginal production of, or to increase the production of, oil or gas and furnishesthe supplier with a letter of exception issued by the comptroller; or

(3)i[(C)]ii25,000 gallons of dyed diesel fuel if the purchaser stipulates inthe signed statement that all of the fuel will be consumed by the purchaser inagricultural off-highway equipment.

(c-1)iiThe monthly limitations prescribed by Subsection (c) apply regardlessof whether the dyed diesel fuel is purchased in a single transaction during thatmonth or in multiple transactions during that month.


(h-1)iiFor purposes of this section, the purchaser is considered to havefurnished the signed statement to the licensed supplier or distributor if thesupplier or distributor verifies that the purchaser has an end user number issuedby the comptroller. The licensed supplier or distributor shall use the comptroller ’sInternet website or other materials provided or produced by the comptroller toverify this information.

SECTIONi____.iiSection 162.214(d), Tax Code, is amended to read asfollows:

(d)iiThe supplier or permissive supplier shall [has the right], after notifyingthe comptroller of the licensed distributor ’s or licensed importer ’s failure to remittaxes under this section, [to] terminate the ability of the licensed distributor orlicensed importer to defer the payment of diesel fuel tax. The supplier orpermissive supplier shall reinstate without delay the right of the licenseddistributor or licensed importer to defer the payment of diesel fuel tax after thecomptroller provides to the supplier or permissive supplier notice that thelicensed distributor or licensed importer is in good standing with the comptrollerfor the purposes of diesel fuel tax imposed under this subchapter.

SECTIONi____.iiSection 162.216, Tax Code, is amended by addingSubsection (m-1) to read as follows:

(m-1)iiIn addition to the records specifically required by this section, alicense holder shall keep any other record required by the comptroller.

SECTIONi____.iiSections 162.217(a) and (d), Tax Code, are amended toread as follows:

(a)iiThe monthly return and supplements of each supplier and permissivesupplier shall contain for the period covered by the return:

(1)ii[the number of net gallons of diesel fuel received by the supplier orpermissive supplier during the month, sorted by product code, seller, point oforigin, destination state, carrier, and receipt date;

[(2)]iithe number of net gallons of diesel fuel removed at a terminal rackduring the month from the account of the supplier, sorted by product code, personreceiving the diesel fuel, terminal code, and carrier;

(2)i[(3)]iithe number of net gallons of diesel fuel removed during themonth for export, sorted by product code, person receiving the diesel fuel,terminal code, destination state, and carrier;

(3)i[(4)]iithe number of net gallons of diesel fuel removed during themonth from a terminal located in another state for conveyance to this state, asindicated on the shipping document for the diesel fuel, sorted by product code,person receiving the diesel fuel, terminal code, and carrier;

(4)i[(5)]iithe number of net gallons of diesel fuel the supplier orpermissive supplier sold during the month in transactions exempt under Section162.204, sorted by [product code, carrier,] purchaser[, and terminal code;

[(6)iithe number of net gallons of diesel fuel sold in the bulktransfer/terminal system in this state to any person not holding a supplier ’s orpermissive supplier ’s license]; and

(5)i[(7)]iiany other information required by the comptroller.


(d)iiFor the purpose of Subsection (c), all payments or credits in reduction ofa customer ’s account must be applied ratably between motor fuels and othergoods sold to the customer, and the credit allowed will be the tax on the numberof gallons represented by the motor fuel portion of the credit. The comptrollermay not require a supplier or permissive supplier to remit from a payment orcredit in reduction of a customer ’s account any tax for which the supplier orpermissive supplier was allowed to take a credit.


Sec.i162.219.iiINFORMATION REQUIRED ON DISTRIBUTOR ’SRETURN. The monthly return and supplements of each distributor shall containfor the period covered by the return:

(1)iithe number of net gallons of diesel fuel received by the distributorduring the month, sorted by product code and[,] seller [, point of origin,destination state, carrier, and receipt date];

(2)iithe number of net gallons of diesel fuel removed at a terminal rackby the distributor during the month, sorted by product code, seller, and terminalcode[, and carrier];

(3)iithe number of net gallons of diesel fuel removed by the distributorduring the month for export, sorted by product code, terminal code, bulk plantaddress, destination state, and carrier;

(4)iithe number of net gallons of diesel fuel removed by the distributorduring the month from a terminal located in another state for conveyance to thisstate, as indicated on the shipping document for the diesel fuel, sorted by productcode, seller, terminal code, bulk plant address, and carrier;

(5)iithe number of net gallons of diesel fuel the distributor sold duringthe month in transactions exempt under Section 162.204, sorted by product codeand by the entity receiving the diesel fuel;

(6)iithe number of net gallons of[,] dyed diesel fuel sold to a purchaserunder a signed statement[,] or dyed diesel fuel sold to a dyed diesel fuel bondeduser, sorted by product code and by the entity receiving the diesel fuel; and

(7)i[(6)]iiany other information required by the comptroller.SECTIONi____.iiSection 162.224, Tax Code, is amended to read as

follows:Sec.i162.224.iiINFORMATION REQUIRED ON BLENDER ’S RETURN.

The monthly return and supplements of each blender shall contain for the periodcovered by the return:

(1)ii[the number of net gallons of diesel fuel received by the blenderduring the month, sorted by product code, seller, point of origin, carrier, andreceipt date;

[(2)]iithe number of net gallons of product blended with diesel fuelduring the month, sorted by product code, type of blending agent if no productcode exists, seller, and carrier;

[(3)iithe number of net gallons of blended diesel fuel sold during themonth and the license number or name and address of the entity receiving theblended diesel fuel;] and


(2)i[(4)]iiany other information required by the comptroller.SECTIONi____.iiSection 162.229, Tax Code, is amended by adding

Subsection (g) to read as follows:(g)iiThe comptroller shall issue a refund warrant to a distributor not later

than the 60th day after the date the comptroller receives a valid refund claim fromthe distributor. If the comptroller does not issue the refund warrant by that date,the amount of the refund draws interest at the rate provided by Section 111.060beginning on the 61st day after the date the comptroller receives the valid refundclaim and ending on the date the comptroller issues the refund warrant.

SECTIONi____.iiSection 162.230(d), Tax Code, is amended to read asfollows:

(d)iiA supplier, [or] permissive supplier, or distributor that determines taxeswere erroneously reported and remitted or that paid more taxes than were due tothis state because of a mistake of fact or law may take a credit on the monthly taxreport on which the error has occurred and tax payment made to the comptroller.The credit must be taken before the expiration of the applicable period oflimitation as provided by Chapter 111.

SECTIONi____.iiSections 162.404(c) and (d), Tax Code, are amended toread as follows:

(c)iiThe prohibition under Section 162.403(32) does not apply to the tax-freesale or distribution of diesel fuel authorized by Section 162.204(a)(1)[162.204(1)], (2), or (3).

(d)iiThe prohibition under Section 162.403(33) does not apply to thetax-free sale or distribution of gasoline under Section 162.104(a)(1) [162.104(1)],(2), or (3).

SECTIONi____.iiSection 162.016(h), Tax Code, is repealed.


Amendment No. 7

Representatives Alonzo, Guillen, Chavez, and Solis offered the followingamendment to CSHBi2233:

Amend CSHB 2233 (House Committee Report) by adding the followingappropriately numbered SECTIONS to the bill and renumbering subsequentSECTIONS of the bill accordingly:

SECTION __. Subchapter B, Chapter 466, Government Code, is amendedby adding Section 466.0145 to read as follows:

Sec. 466.0145. INTERNET TICKET SALES AND PRIZE REDEMPTIONBY COMMISSION. (a) The commission may establish a system and proceduresnecessary to sale lottery tickets through an Internet debit transaction in which aplayer, over the Internet, authorizes payment for a ticket by using:

(1) an automatic teller machine card or debit card;(2) a debit account;(3) an account established with the commission; or(4) some other system established by the commission that provides a

practical means for the player to purchase a ticket over the Internet.


(b) The commission may provide for the redemption of lottery prizes over

the Internet for persons who have purchased tickets under Subsection (a).

(c) Participation in a lottery under this section is not considered to be

playing a lottery game by telephone under Section 466.015(b).

SECTION __. Section 466.3052(a), Government Code, is amended to read

as follows:

(a) A person commits an offense if the person intentionally or knowingly

sells a ticket and the person accepts anything other than the following as payment

for the ticket:

(1) United States currency;

(2) a negotiable instrument in the form of a check that meets the

requirements of Section 3.104, Business & Commerce Code;

(3) a debit made through a financial institution debit card;

(4) a coupon or voucher issued by the commission for purposes of

purchasing a lottery ticket; [or]

(5) a mail order subscription on a mail order subscription form

authorized by the commission; or

(6) for an Internet transaction authorized under Section 466.0145, a

debit made to a debit account or an account established with the commission or

some other payment method authorized for use with a system established by the

commission under that section.

SECTION __. Section 466.355(b), Government Code, is amended to read

as follows:

(b) Money in the state lottery account may be used only for the following

purposes and shall be distributed as follows:

(1) the payment of prizes to the holders of winning tickets;

(2) the payment of costs incurred in the operation and administration of

the lottery, including any fees received by a lottery operator, provided that the

costs incurred in a fiscal biennium may not exceed an amount equal to 12 percent

of the gross revenue accruing from the sale of tickets in that biennium;

(3) the establishment of a pooled bond fund, lottery prize reserve fund,

unclaimed prize fund, and prize payment account; and

(4) the balance, after creation of a reserve sufficient to pay the amounts

needed or estimated to be needed under Subdivisions (1) through (3), to be

transferred [to the foundation school fund,] on or before the 15th day of each

month as follows:

(A) five percent to the general revenue fund for use only to fund

economic development and job training in counties that are adjacent to this state ’sborder with the United Mexican States and that have an unemployment rate that

averaged more than 10 percent for the most recent two consecutive years for

which statistics are available; and

(B) the remainder to the foundation school fund.

SECTION __. Section 481.078, Government Code, is amended by adding

Subsection (g) to read as follows:


(g) At least five percent of the money granted from the fund must be

awarded to recipients located in counties that are adjacent to this state ’s borderwith the United Mexican States and that have an unemployment rate that

averaged more than 10 percent for the most recent two consecutive years for

which statistics are available.

SECTION __. Section 303.003(e), Labor Code, is amended to read as

follows:

(e) It is the intent of the legislature that, to the greatest extent practicable,

money from the skills development fund shall be spent in all areas of this state,

except that at least five percent of the money must be spent in counties that are

adjacent to this state ’s border with the United Mexican States and that have an

unemployment rate that averaged more than 10 percent for the most recent two

consecutive years for which statistics are available.

SECTION __. Subchapter C, Chapter 57, Utilities Code, is amended by


Sec. 57.0478. GRANTS AND LOANS TO CERTAIN COUNTIES. At

least five percent of the money granted or loaned under this subchapter must be

distributed to counties that are adjacent to this state ’s border with the United

Mexican States and that have an unemployment rate that averaged more than 10

percent for the most recent two consecutive years for which statistics are

available.

SECTION __. Section 57.051, Utilities Code, is repealed.

Representative J. Keffer moved to table Amendment No. 7.






CONSTITUTIONAL AMENDMENTS CALENDAR

HOUSE JOINT RESOLUTIONS

SECOND READING

The following resolutions were laid before the house and read second time:

(Gattis now present)

HJR 79 ON SECOND READING

(by Krusee)

HJR 79, A joint resolution proposing a constitutional amendment

authorizing the legislature to provide for a six-year term for a board member of a

regional mobility authority.


HJRi79 was adopted by (Record 603): 124 Yeas, 11 Nays, 3 Present, not

voting.


Yeas — Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman;Blake; Bohac; Bonnen; Brown, B.; Brown, F.; Callegari; Campbell; Casteel;Castro; Chavez; Chisum; Cook, B.; Cook, R.; Crabb; Crownover; Davis, J.;Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dutton; Edwards;Eiland; Eissler; Elkins; Escobar; Farabee; Flores; Flynn; Frost; Gallego; Gattis;Geren; Giddings; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf;Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett;Hegar; Hochberg; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Jackson;Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee;Kuempel; Laney; Laubenberg; Luna; Madden; Martinez; Martinez Fischer;McCall; McClendon; McReynolds; Miller; Moreno, P.; Morrison; Mowery;Naishtat; Nixon; Noriega, M.; Oliveira; Orr; Otto; Paxton; Phillips; Puente;Quintanilla; Reyna; Ritter; Rodriguez; Rose; Seaman; Smith, W.; Smithee; Solis;Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner;Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Burnam; Farrar; Gonzales; Herrero; Leibowitz;Menendez; Olivo; Pickett; Raymond; Riddle.

Present, not voting — Mr. Speaker(C); Hilderbran; Jones, J.

Absent, Excused — Branch; Corte; Hodge; Pena.

Absent — Coleman; Dunnam; Hill; Hughes; Merritt; Pitts; Smith, T.

STATEMENT OF VOTE

When Record No. 603 was taken, I was in the house but away from mydesk. I would have voted yes.

T. Smith

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

CSSB 1670 ON SECOND READING(Callegari - House Sponsor)

CSSB 1670, A bill to be entitled An Act relating to a motor vehicle financialresponsibility verification program; providing a penalty.

CSSB 1670 was read second time earlier today, amended, and waspostponed until this time.

Amendment No. 2

Representative Callegari offered the following amendment to CSSBi1670:

Amend CSSB 1670 (House Committee Printing) as follows:(1) In SECTION 1 of the bill, in added Subsection (a), Section 601.453,

Transportation Code, between "agent" and "to" (page 2, line 22), insert "or stateagency".

(2) In SECTION 1 of the bill, in added Subsection (b), Section 601.453,Transportation Code, between "agent" and the underlined period (page 2, line24), insert "or state agency".


(3) In SECTION 1 of the bill, in added Subsection (a), Section 601.454,Transportation Code, between "agent" and "to" (page 3, line 3), insert "or stateagency".

(4) In SECTION 1 of the bill, in added Subsection (a), Section 601.454,Transportation Code, between "agent ’s" and "contract" (on page 3, line 4), insert"or state agency ’s".

(5) In SECTION 1 of the bill, in added Subsection (b), Section 601.454,Transportation Code, between "agent" and "is" (page 3, line 6), insert "or stateagency".

(6) In SECTION 1 of the bill, in added Subsection (c), Section 601.454,Transportation Code, between "agent" and "may" (page 3, line 11), insert "orstate agency".


Amendment No. 3

Representative Callegari offered the following amendment to CSSBi1670:

Amend CSSB 1670 by striking SECTION 4 of the bill and substituting thefollowing:

SECTION 4. The Texas Department of Transportation shall select an agentrequired by Section 601.453, Transportation Code, as added by this Act, beforeDecember 31, 2005. The agencies responsible for implementing Subchapter N,Chapter 601, Transportation Code, as added by this Act, shall adopt rules andestablish and publish a user guide clearly specifying requirements and proceduresfor providing information under the verification program under that subchapternot later than four months before the full implementation of the program. Thoseimplementing agencies shall require full implementation of the financialresponsibility verification program for vehicles covered under a personalautomobile insurance policy before December 31, 2006, and implementation ofthat program for vehicles covered under a commercial insurance policy when theimplementing agencies determine that implementation for vehicles covered undera commercial insurance policy is feasible.


Amendment No. 4

Representatives Taylor and Menendez offered the following amendment toCSSBi1670:

Amend CSSB 1670 by adding the following appropriately numberedSECTIONS to the bill and renumbering subsequent SECTIONS of the billaccordingly:

SECTION___. Section 501.153(h), Transportation Code, is amended toread as follows:

(h) This section does not prevent a person from registering a motor vehicleby mail or through an electronic submission, provided the mail or electronicsubmission includes submission of evidence of financial responsibility asprovided by this section.


SECTION___. Section 501.153(j), Transportation Code, is repealed.

SECTION___. Section 521.143(a), Transportation Code, is amended to

read as follows:

(a) An application for an original driver ’s license or for renewal of a driver ’slicense must be accompanied by evidence of financial responsibility or a

statement that the applicant does not own a motor vehicle for which evidence of

financial responsibility is required under Chapter 601. [The department may

require an application for a renewal of a driver ’s license to be accompanied by

evidence of financial responsibility or a statement that the applicant does not own

a motor vehicle for which evidence of financial responsibility is required under

Chapter 601.]


CSSB 1670, as amended, was passed to third reading. (In accordance with





Representative Callegari moved to lay CSHBi2573 on the table subject to

call.



HOUSE BILLS

THIRD READING


HB 2842 ON THIRD READING

(by Chisum)

HB 2842, A bill to be entitled An Act relating to the provision of false

information to an independent public accounting firm by a public interest entity;

providing a criminal penalty.

Amendment No. 1

Representative Hughes offered the following amendment to HBi2842:

Amend HB 2842 (Second Reading Engrossment) on page 2, line 17,

between "entity" and the semicolon, by inserting "and that conduct renders the

financial statements materially misleading".


HB 2842, as amended, was passed. (In accordance with House Rule 5,



registering votes are as follows: Eissler recorded voting no.)



(by Ritter)

HB 3253, A bill to be entitled An Act relating to the use of certain

electronically readable information on a driver ’s license or identification

certificate to comply with certain alcohol and tobacco related laws; providing a

penalty.

HBi3253 was passed. (In accordance with House Rule 5, Section 51(b),





(by Haggerty)

HB 1132, A bill to be entitled An Act relating to the regulation of and rights

of private security personnel; providing a penalty.



member may register their position with the journal clerk. Members registering

votes are as follows: Herrero and Leibowitz recorded voting no.)


(by Truitt and Riddle)

HB 843, A bill to be entitled An Act relating to the authority of certain

counties to regulate the construction of certain communication facilities in certain

circumstances; providing a penalty.


HBi843 was passed by (Record 604): 143 Yeas, 0 Nays, 1 Present, not

voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter;

Berman; Blake; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari;

Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.;

Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel;

Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar;

Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings;

Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen;

Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar;

Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Howard; Hughes;

Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.;

King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz;

Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds;

Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon;

Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Phillips; Pickett; Puente;

Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith,


T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Talton;

Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo;

West; Wong; Woolley; Zedler.



Absent — Pitts.


(by McCall)

HB 2218, A bill to be entitled An Act relating to the regulation of money

services businesses; providing a penalty.






(by Goodman)

HB 209, A bill to be entitled An Act relating to challenging an

acknowledgment of paternity executed by a minor.

HBi209 was passed. (In accordance with House Rule 5, Section 51(b), every


register their position with the journal clerk. No members registered their position

on this measure.)


(by Villarreal)

HB 401, A bill to be entitled An Act relating to the use of volunteer income

tax assistance programs by persons who owe delinquent child support.

HBi401 was passed. (In accordance with House Rule 5, Section 51(b), every


register their position with the journal clerk. Members registering votes are as

follows: Riddle recorded voting no.)


(by Hartnett)

HB 3335, A bill to be entitled An Act relating to the report, delivery, and

claims process concerning certain unclaimed property.






HB 1921 ON THIRD READING(by R. Allen, Zedler, and Otto)

HB 1921, A bill to be entitled An Act relating to the civil commitment ofsexually violent predators.

HBi1921 was passed. (In accordance with House Rule 5, Section 51(b),every member present must have favored passage of the measure, but anymember may register their position with the journal clerk. No members registeredtheir position on this measure.)

HB 2945 ON THIRD READING(by Eiland)

HB 2945, A bill to be entitled An Act relating to participation in the optionalretirement program by certain employees of institutions of higher education.

Amendment No. 1

On behalf of Representative Alonzo, Representative Eiland offered thefollowing amendment to HBi2945:

Amend HB 2945 (House Committee Printing) by adding the followingappropriately numbered SECTION of the bill and renumbering subsequentSECTIONS of the bill accordingly:

SECTION __. Subchapter H, Chapter 51, Education Code, is amended byadding Section 51.4021 to read as follows:

Sec. 51.4021. STUDY AND REPORT OF PREDICTED FACULTYRETIREMENT. (a) In this section, "general academic teaching institution,""governing board," and "university system" have the meanings assigned bySection 61.003.

(b) To address the predicted retirement of a growing portion of universityfaculty in the coming years as a result of aging and the potential problemsassociated with that retirement, each general academic teaching institution shallconduct a study relating to faculty member retirements that may occur throughthe end of the 2025 academic year, including projections of the number andproportion of faculty members expected to retire during that period, the firstacademic year in which increasing retirements are expected to result in facultyshortages, and methods that the institution could reasonably implement to addressthose retirement issues through recruitment of new faculty members or othermeans. The governing board of an institution may appoint a committee toconduct the study. A university system may carry out the requirementsprescribed by this subsection for the system ’s component institutions or maydirect one or more component institutions to conduct the study for the system.

(c) Each general academic teaching institution or university system, asapplicable, shall prepare a report based on the study required by Subsection (b).The institution or system shall submit the report to the Texas Higher EducationCoordinating Board not later than September 1, 2006.

(d) This section expires January 1, 2007.



HB 2945, as amended, was passed. (In accordance with House Rule 5,Section 51(b), every member present must have favored passage of the measure,but any member may register their position with the journal clerk. No membersregistered their position on this measure.)

HB 1765 ON THIRD READING(by Morrison, Ritter, Kolkhorst, Deshotel, McCall, et al.)

HB 1765, A bill to be entitled An Act relating to the creation of programsand funding for emerging technology industries.

Amendment No. 1

Representative Morrison offered the following amendment to HBi1765:

Amend HB 1765 as follows:(1) On page 3, line 15, delete the word "and"On page 3, between lines 15 and 16, add:

(5) a representative of the lieutenant governor ’s office involved ineconomic development activities;

(6) a representative of the office of the speaker of the house involved ineconomic development activities; and

Renumber existing item (5) to item (7).(2) On page 6, line 3, strike "may" and substitute "shall"On page 6, line 4, insert a period after the word "money"On page 6, line 4, strike the words "specifying that" and substitute "an

agreement may specify that:"



HB 1765, as amended, was passed by (Record 605): 136 Yeas, 1 Nays, 1Present, not voting.

Yeas — Allen, A.; Allen, R.; Anchia; Anderson; Bailey; Baxter; Berman;Blake; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Campbell;Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Crownover;Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Dukes; Dunnam; Dutton;Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flores; Flynn; Frost;Gallego; Gattis; Geren; Giddings; Gonzales; Goodman; Goolsby; Griggs;Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett;Hegar; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Howard; Hughes;Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.;King, P.; King, T.; Kolkhorst; Kuempel; Laney; Laubenberg; Leibowitz; Luna;Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds;Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon;Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Phillips; Pickett; Puente;Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith,T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Talton;Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo;West; Wong; Woolley; Zedler.


Nays — Herrero.



Absent — Alonzo; Crabb; Driver; Gonzalez Toureilles; Grusendorf; Krusee;Pitts.

REASON FOR VOTE

Although the New and Emerging Technology Fund may be a good plan forthe purpose of stimulating economic development in our state, its fundingrequirements and implementation are not appropriate at this time when comparedto Texas ’social and educational concerns that demand immediate attention andfunding. Given the lack of funding and attention being allocated to date toaddress these issues, I must vote against this bill.

Herrero

HB 2894 ON THIRD READING(by Phillips)

HB 2894, A bill to be entitled An Act relating to the marketing and sale ofcertain license plates by a private vendor.


HBi2894 was passed by (Record 606): 140 Yeas, 2 Nays, 1 Present, notvoting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter;Berman; Blake; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari;Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.;Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel;Driver; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee;Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales;Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty;Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill;Hochberg; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett;Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.;Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Luna; Madden; Martinez;Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller;Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo;Orr; Otto; Paxton; Phillips; Pickett; Puente; Quintanilla; Raymond; Reyna;Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis;Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner;Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Nays — Herrero; Leibowitz.



Absent — Dukes; Pitts.


HB 3318 ON THIRD READING(by B. Brown)

HB 3318, A bill to be entitled An Act relating to continuing educationrequirements for renewal of a structural pest control business license.

HBi3318 was passed. (In accordance with House Rule 5, Section 51(b),every member present must have favored passage of the measure, but anymember may register their position with the journal clerk. Members registeringvotes are as follows: Phillips recorded voting no.)

HB 49 ON THIRD READING(by T. Smith)

HB 49, A bill to be entitled An Act relating to the punishment prescribed forcertain repeat intoxication offenders.

HBi49 was passed. (In accordance with House Rule 5, Section 51(b), everymember present must have favored passage of the measure, but any member mayregister their position with the journal clerk. No members registered their positionon this measure.)

HB 2984 ON THIRD READING(by West)

HB 2984, A bill to be entitled An Act relating to the composition of and useof money in the oil-field cleanup fund.



Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter;Berman; Blake; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari;Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.;Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel;Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar;Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings;Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen;Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero;Hilderbran; Hill; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett;Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.;Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Luna; Madden; Martinez;Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miller; Moreno, P.;Morrison; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto;Paxton; Phillips; Pickett; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter;Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons;Strama; Straus; Swinford; Talton; Taylor; Thompson; Turner; Uresti; VanArsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Nays — Leibowitz.




Absent — Haggerty; Hochberg; McClendon; Pitts; Truitt.

HB 51 ON THIRD READING(by T. Smith, Pena, et al.)

HB 51, A bill to be entitled An Act relating to the punishment prescribed forand conditions of community supervision imposed on certain persons whocommit intoxication offenses.


HB 251 ON THIRD READING(by Eissler)

HB 251, A bill to be entitled An Act relating to the release of certaininformation regarding a workers ’compensation claim.Amendment No. 1

Representative Leibowitz offered the following amendment to HBi251:

Amend HB 251 on third reading by adding the following appropriatelynumbered SECTION to the bill and renumbering the subsequent SECTIONSappropriately:

SECTION___. Section 671.013, Health and Safety Code, is amended byadding Subsections (d) and (e) to read as follows:

(d) Except as provided by Subsection (e), an autopsy report released inconnection with the determination of the cause of death in relation to a workers ’compensation claim under Subsection (a) shall be released not later than the 15thbusiness day after the date the request is received from the authorized person.

(e) If the report has not been filed as provided by Section 671.012, arepresentative of the office designated by the autopsy order shall, not later thanthe 10th business day after the date of the request, notify the requesting personthat the report has not been filed and of the date, to the best of the knowledge ofthe representative, that the requesting person may anticipate receiving the report.



HB 251, as amended, was passed by (Record 608): 138 Yeas, 0 Nays, 1Present, not voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter;Berman; Blake; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari;Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.;Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver;Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee;Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; GonzalezToureilles; Goodman; Goolsby; Griggs; Guillen; Haggerty; Hamilton; Hamric;


Hardcastle; Hartnett; Hegar; Herrero; Hill; Hochberg; Homer; Hope; Hopson;Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer,B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney;Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall;McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Morrison;Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton;Phillips; Pickett; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter;Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons;Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; VanArsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.



Absent — Crabb; Gonzales; Grusendorf; Harper-Brown; Hilderbran; Pitts.

HB 661 ON THIRD READING(by Branch, Flynn, Bonnen, Kolkhorst, Rodriguez, et al.)

HB 661, A bill to be entitled An Act relating to allowing designated publicschool libraries to participate in group purchasing agreements with the TexShareLibrary Consortium.


HB 2986 ON THIRD READING(by West)

HB 2986, A bill to be entitled An Act relating to the informal resolution ofcertain proceedings conducted by the Railroad Commission of Texas.

Representative West moved to postpone consideration of HBi2986 untilJune 5.


HB 726 ON THIRD READING(by Berman)

HB 726, A bill to be entitled An Act relating to the exemption from advalorem taxation of property owned by certain law enforcement officerassociations.



Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Baxter; Berman;Blake; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Campbell;Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Crownover;Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton;


Edwards; Eissler; Elkins; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego;Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Goolsby;Griggs; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown;Hartnett; Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson;Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer,B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney;Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall;McClendon; McReynolds; Menendez; Miller; Moreno, P.; Morrison; Mowery;Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Pickett; Puente;Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith,T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Talton;Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo;West; Wong; Woolley; Zedler.



Absent — Bailey; Crabb; Dawson; Eiland; Grusendorf; Merritt; Phillips;Pitts.

HB 2470 ON THIRD READING(by Delisi)

HB 2470, A bill to be entitled An Act relating to the operations of and thefunding mechanisms for emergency medical services and trauma facility care inthis state.



Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Bailey; Baxter; Berman;Blake; Bohac; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Casteel;Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Crabb; Crownover;Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam;Dutton; Edwards; Eissler; Elkins; Escobar; Farabee; Farrar; Flynn; Frost;Gallego; Gattis; Geren; Gonzales; Goodman; Goolsby; Griggs; Grusendorf;Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett;Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Howard;Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keffer, B.; Keffer, J.;King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz;Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds;Menendez; Merritt; Miller; Moreno, P.; Morrison; Naishtat; Nixon; Noriega, M.;Oliveira; Olivo; Orr; Otto; Paxton; Pickett; Puente; Quintanilla; Raymond;Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee;Solis; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt;Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley;Zedler.

Nays — Bonnen; Keel; Phillips.




Absent — Anderson; Eiland; Flores; Giddings; Gonzalez Toureilles;Mowery; Pitts.

STATEMENT OF VOTE


Anderson

HB 1484 ON THIRD READING(by Talton)

HB 1484, A bill to be entitled An Act relating to the penalty for failing toperform certain duties following a vehicle accident.


HB 3057 ON THIRD READING(by Howard)

HB 3057, A bill to be entitled An Act relating to the number of hoursworked by a part-time fire protection employee.


HB 1047 ON THIRD READING(by Chisum)

HB 1047, A bill to be entitled An Act relating to the offense of failing tocertify compliance of an underground storage tank before accepting delivery ofthe regulated substance to be stored in the tank.


HB 1037 ON THIRD READING(by Isett)

HB 1037, A bill to be entitled An Act relating to the prosecution of theoffense of unlawfully carrying a handgun, illegal knife, or club.

Amendment No. 1

Representative Phillips offered the following amendment to HBi1037:


Amend HB 1037 on third reading by adding the following appropriatelynumbered section and renumbering the subsequent sections accordingly:

SECTION __. Section 46.01(6), Penal Code, is amended to read as follows:(6) "Illegal knife" means a:

(A) knife with a blade over five and one-half inches;(B) hand instrument designed to cut or stab another by being

thrown;(C) dagger, including but not limited to a dirk, stiletto [stilletto],

and poniard;(D) bowie knife;(E) sword; or(F) spear.


HB 1037, as amended, was passed. (In accordance with House Rule 5,Section 51(b), every member present must have favored passage of the measure,but any member may register their position with the journal clerk. No membersregistered their position on this measure.)

HB 1584 ON THIRD READING(by Casteel and Solomons)

HB 1584, A bill to be entitled An Act relating to requiring the operator of avehicle storage facility to accept certain forms of payment for the delivery orstorage of a vehicle.


HB 1330 ON THIRD READING(by Chisum)

HB 1330, A bill to be entitled An Act relating to the creation of a disputeresolution program for state building construction contracts.

Amendment No. 1

Representative Chisum offered the following amendment to HBi1330:

Amend HB 1330 on third reading as follows:(1) On page 1, line 7, strike "DISPUTE RESOLUTION", and substitute

"NON-BINDING DISPUTE RESOLUTION AND AVOIDANCE".(2) On page 1, strike lines 9-10 and substitute:"contractor" has the meaning assigned by Section 2260.001.(3) On page 1, line 12, strike "to favor the use of" and substitute "to use".(4) On page 1, line 13, between "method to" and "resolve", insert "avoid

and attempt to".(5) On page 1, line 24, strike "DISPUTE RESOLUTION PROGRAM" and

substitute "NON-BINDING DISPUTE RESOLUTION AND AVOIDANCEPROGRAM".


(6) On page 2, lines 1 and 4, strike "dispute resolution" each place thephrase appears and substitute "non-binding dispute resolution and avoidance".

(7) On page 2, line 2, between "to" and "resolve", insert "avoid and attemptto".

(8) On page 2, line 15, strike "to reach final and binding" and substitute "toattempt to reach".

(9) On page 2, line 27, between "be used to" and "resolve", insert "attemptto".

(10) On page 3, line 4, between "to" and "resolve", insert "attempt to".(11) On page 3, line 6, before "dispute", insert "non-binding".(12) On page 3, line 7, strike "under Subsection (a)", insert "to use the

non-binding dispute resolution program under Subsection (a) to attempt toresolve a dispute".

(13) On page 3, between lines 9 and 10, insert the following:Sec. 2166.608. PROGRAM USE ON OTHER PROJECTS. A state or local

government entity may adopt by rule the non-binding dispute resolution andavoidance program developed under this subchapter for use on projects notcovered by this subchapter.

Sec. 2166.609. SOVEREIGN IMMUNITY. This chapter does not waivesovereign immunity to suit or liability.

(14) On page 3, line 16, between "the" and "dispute" insert "non-binding".(15) On page 3, strike lines 22-25 and substitute the following:Sec. 2260.005. EXCLUSIVE PROCEDURES [PROCEDURE]. Subject to

Section 2260.007 and Subchapter M, Chapter 2166, the procedures contained inthis chapter are exclusive and required prerequisites to suit in accordance withChapter 107, Civil Practice and Remedies Code.


HB 1330, as amended, was passed. (In accordance with House Rule 5,Section 51(b), every member present must have favored passage of the measure,but any member may register their position with the journal clerk. Membersregistering votes are as follows: Herrero and Leibowitz recorded voting no.)

HB 1238 ON THIRD READING(by Paxton, Hughes, and Laubenberg)

HB 1238, A bill to be entitled An Act relating to distribution of certain childsupport payments by the state disbursement unit.


HB 1268 ON THIRD READING(by Bohac)

HB 1268, A bill to be entitled An Act relating to the information includedon a voter registration application.




member may register their position with the journal clerk. Members registering

votes are as follows: Herrero, Leibowitz, and Rose recorded voting no.)


(by Delisi, Isett, Callegari, and Strama)

HB 2933, A bill to be entitled An Act relating to standards of conduct for

and conflicts of interest of state officers and employees.






(by Bohac)

HB 1270, A bill to be entitled An Act relating to the qualifications of a

deputy voter registrar.

Amendment No. 1

Representative Herrero offered the following amendment to HBi1270:

Amend HB 1270 on third reading as follows:

(1) In Section 1 of the bill, in amended Section 13.031(d)(2), Election Code,

following the semicolon insert "and".

(2) In Section 1 of the bill, in amended Section 13.031(d), Election Code,

strike subdivision (3) and renumber the remaining subdivisions appropriately.


Amendment No. 1 failed of adoption by (Record 611): 51 Yeas, 84 Nays, 1

Present, not voting.

Yeas — Allen, A.; Alonzo; Bailey; Burnam; Castro; Chavez; Coleman;

Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Escobar; Farrar; Flores;

Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Guillen;

Haggerty; Herrero; Hochberg; Hopson; Luna; Martinez Fischer; McClendon;

Menendez; Merritt; Moreno, P.; Naishtat; Noriega, M.; Olivo; Pickett; Puente;

Quintanilla; Raymond; Ritter; Rodriguez; Rose; Solis; Strama; Thompson;


Nays — Allen, R.; Anchia; Anderson; Baxter; Berman; Blake; Bohac;

Bonnen; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.;

Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eiland; Eissler;

Elkins; Farabee; Gattis; Geren; Goolsby; Griggs; Grusendorf; Hamilton; Hamric;

Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard;

Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.;



Madden; Martinez; McCall; Miller; Morrison; Mowery; Nixon; Oliveira; Orr;Otto; Paxton; Phillips; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Smithee;Swinford; Talton; Taylor; Van Arsdale; West; Wong; Woolley; Zedler.



Absent — Edwards; Flynn; Homer; Jones, J.; McReynolds; Pitts; Solomons;Straus; Truitt.

STATEMENTS OF VOTE


Anchia

When Record No. 611 was taken, I was in the house but away from mydesk. I would have voted no.

Flynn


T. King


Solomons


Strama

HB 1270 was passed. (In accordance with House Rule 5, Section 51(b),every member present must have favored passage of the measure, but anymember may register their position with the journal clerk. Members registeringvotes are as follows: Chavez, Herrero, and Leibowitz recorded voting no.)

HB 867 ON THIRD READING(by R. Allen)

HB 867, A bill to be entitled An Act relating to the registration andsupervision of sex offenders; providing penalties.

Amendment No. 1

Representatives Leibowitz, B. Cook, and Bohac offered the followingamendment to HBi867:

Amend HB 867 on third reading on page 53, between lines 9 and 10, byinserting the following:

Sec. 62.062. CERTAIN PERSONS PROHIBITED FROM RESIDINGNEAR SCHOOL. (a) This section applies only to a person who is:

(1) required to register as a sex offender under Chapter 62, Code ofCriminal Procedure, because of a reportable conviction or adjudication involvinga victim younger than 14 years of age; or


(2) civilly committed as a sexually violent predator under Chapter 841,

Health and Safety Code, and subject to outpatient treatment and supervision

under that chapter.

(b) A person to whom this section applies may not reside within 1,000 feet

of a public or private school campus, as measured in a straight line from the

nearest property line of the residence to the nearest property line of the campus.

(c) A person to whom this section applies who resides within 1,000 feet of a

school campus may remain at the person ’s residence if:(1) the person resided at the residence on September 1, 2005; or

(2) the person is residing at the residence at the time that the campus is

established or extended to within 1,000 feet of the residence.

(d) For each person described by Subsection (c) who remains at the

residence, the state, county, or local law enforcement agency with the primary

responsibility of registering or supervising the person shall provide written

notice, including the person ’s address and a recent photograph of the person, to

the appropriate public or private school campus not later than the first day of

instruction each school year.

(e) A person to whom this section applies commits an offense if the person

violates this section. The punishment for an offense under this subsection is a

felony of the third degree and is considered to be a conviction of an offense under

Article 62.102, Code of Criminal Procedure, for purposes of enhancement under

Subsection (c) of that article.


HB 867, as amended, was passed. (In accordance with House Rule 5,





(by Hughes, Hopson, R. Cook, Kolkhorst, Homer, et al.)

HB 2201, A bill to be entitled An Act relating to implementing a clean coal

project in this state.

HB 2201 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE BURNAM: Is one of the purposes of the Future GM

Project to help reduce the dependence on global warming ?

REPRESENTATIVE HUGHES: Yes, the Federal Department of Energies has

determined that reducing CO2 emissions is a good thing, with an eye toward that

issue. And so that ’s part of the goal of Future GM, that ’s right.BURNAM: Thank you. Representative Hughes, aren ’t some types of coal plantsrequired to dispose of the waste in clay-lined pits?

HUGHES: That ’s right. It ’s my understanding current test regulations require

coal plants to dispose of this waste in clay-lined or synthetically-lined pits.


BURNAM: Thank you. Is it your intent that the law should be clarified—that

these wastes should be disposed of in clay-lined pits to assure that they don ’tmigrate and cause other health problems?

HUGHES: It is our intent that the waste from this process be disposed of in clay-

or synthetically-lined pits as current regulations require. That is correct.


Representative Burnam moved to print remarks between Representative

Hughes and Representative Burnam.



HB 2201 was passed by (Record 612): 143 Yeas, 0 Nays, 1 Present, not

voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter;

Berman; Blake; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari;

Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.;

Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel;

Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar;

Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings;

Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen;

Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar;

Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Howard; Hughes;

Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.;


Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds;

Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon;

Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Phillips; Pickett; Puente;

Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith,

T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Talton;

Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo;

West; Wong; Woolley; Zedler.



Absent — Pitts.

STATEMENTS OF VOTE


Herrero


Leibowitz


HB 2959 ON THIRD READING(by Paxton)

HB 2959, A bill to be entitled An Act relating to the use of federal child careand development block grant funds by local workforce development boards.


GENERAL STATE CALENDARHOUSE BILLS

SECOND READING


CSHB 1823 ON SECOND READING(by Dutton, Farrar, and W. Smith)

CSHB 1823, A bill to be entitled An Act relating to the rights of a purchaserunder an executory contract for conveyance of real property.

Amendment No. 1

Representatives Keel and Giddings offered the following amendment toCSHBi1823:

Amend CSHB 1823 by inserting the following appropriately numberedSECTIONS and renumbering SECTIONS of the bill appropriately:

SECTIONi__.iiSubchapter A, Chapter 5, Property Code, is amended byadding Section 5.014 to read as follows:

Sec.i5.014.iiPROHIBITED FEES. A person who has a right of first refusalin real property may not charge a fee for declining to exercise that right, such as afee for providing written evidence of the declination.

SECTIONi__.iiExcept as provided by a contract entered into before theeffective date of this Act, Section 5.014, Property Code, as added by this Act,applies only to a fee that is solicited on or after the effective date of this Act fordeclining the exercise of a right of first refusal.


Amendment No. 2

Representative Orr offered the following amendment to CSHBi1823:

Amend CSHB 1823 (House Committee Printing) as follows:(1) On page 1, line 20, between "(d)" and "to read", insert "and adding

Subsection (e)".(2) On page 2, line 2, between "subchapter" and the underlined colon, insert

", and only for the purposes of this subchapter".(3) On page 2, lines 5-6, strike "a residential lease of real property that

includes an option to purchase the property" and substitute "an option to purchasereal property that includes or is combined or executed concurrently with aresidential lease agreement, together with the lease,".


(4) On page 2, between lines 15 and 16, insert the following:

(e) This subchapter does not apply to an executory contract described by

Subsection (a)(2) if the term of the contract is three years or less and the

purchaser and seller have not been parties to an executory contract to purchase

the property covered by the executory contract for longer than three years.





Members registering votes are as follows: Harper-Brown and Phillips recorded

voting no.)


(by Dutton)

CSHB 2099, A bill to be entitled An Act relating to investigations of reports

of child abuse and neglect.





(Harper-Brown in the chair)


(by Phillips)

CSHB 2139, A bill to be entitled An Act relating to certain agreements by

the Texas Department of Transportation involving pass-through tolls.

Amendment No. 1



(1) On page 1, line 8, strike "shall" and substitute "may".

(2) On page 1, between lines 17 and 18, add the following:

"(h) An agreement under this section should prescribe the roles and

responsibilities of the parties and establish timeframes for any department

reviews or approvals in a manner that will, to the maximum extent possible,

expedite the development of the project.".





Members registering votes are as follows: Baxter, Bonnen, Giddings, Herrero,

Keel, and Leibowitz recorded voting no.)


CSHB 2630 ON SECOND READING(by Hill)

CSHB 2630, A bill to be entitled An Act relating to procedures regardingthe removal and storage of vehicles.

CSHBi2630 was passed to engrossment. (In accordance with House Rule 5,Section 51(b), every member present must have favored passage of the measure,but any member may register their position with the journal clerk. Membersregistering votes are as follows: Leibowitz recorded voting no.)

SB 1708 ON SECOND READING(Swinford - House Sponsor)

SB 1708, A bill to be entitled An Act relating to assessments levied oncertain owners of cattle and used for marketing, education, research, andpromotion of Texas beef.


SBi1708 was passed to third reading. (In accordance with House Rule 5,Section 51(b), every member present must have favored passage of the measure,but any member may register their position with the journal clerk. No membersregistered their position on this measure.)


Representative Swinford moved to lay HBi2049 on the table subject to call.


CSHB 2866 ON SECOND READING(by Bailey)

CSHB 2866, A bill to be entitled An Act relating to the right of certainmunicipalities to maintain local control over wages, hours, and other terms andconditions of employment.

Amendment No. 1

Representative Bailey offered the following amendment to CSHBi2866:

Amend CSHB 2866 as follows:(1)iiOn page 8, between lines 9 and 10, insert the following:Sec.i146.013.iiOPEN DELIBERATIONS. (a) Deliberations relating to a

meet and confer agreement or proposed agreement under this chapter betweenrepresentatives of the public employer and representatives of the employeeassociation recognized under this chapter as the sole and exclusive bargainingagent for the covered employees must be open to the public and comply withstate law.

(b)iiSubsection (a) may not be construed to prohibit the representatives ofthe public employer or the representatives of the recognized employee associationfrom conducting private caucuses that are not open to the public during meet andconfer negotiations.

(2)iiOn page 8, line 10, strike "146.013" and substitute "146.014".


(3)iiOn page 9, line 8, strike "146.014" and substitute "146.015".(4)iiOn page 10, line 22, strike "146.015" and substitute "146.016".(5)iiOn page 11, line 20, strike "146.016" and substitute "146.017".


Amendment No. 2

Representative Wong offered the following amendment to CSHBi2866:

Amend CSHB 2866 by adding the following appropriately numberedSections to the bill and renumbering subsequent Sections as appropriate:

SECTION __. Section 2, Chapter 88, Acts of the 77th Legislature, RegularSession, 2001 (Article 6243h, Vernon ’s Texas Civil Statutes), is amended byamending Subsections (c), (d), (e), (h), (j), (n), and (p) and adding Subsections(c-1), (c-2), (c-3), (h-1), (j-1), and (n-1) to read as follows:

(c) The pension board consists of nine trustees as follows:(1) an employee of the city ’s financial division [the mayor of the city, or

the director of the civil service commission as the mayor ’s representative];(2) an actuary [the city treasurer or a person performing the duties of

treasurer];(3) two [four] municipal employees of the city who are members of the

pension system;(4) two retirees, each of whom:

(A) has at least five years of credited service in the pension system;(B) receives a retirement pension from the pension system; and(C) is not an officer or employee of the city; [and]

(5) one person who:(A) has been a resident of this state for the three years preceding

the date of initial appointment; [and](B) is not a city officer or employee and is not related within the

second degree by consanguinity or affinity, as determined under Chapter 573,Government Code, to a person who is a city officer or employee;

(C) is a registered voter of the city;(D) is not a member of the municipal pension system and is not

related within the second degree by consanguinity or affinity, as determinedunder Chapter 573, Government Code, to a person who is a member of themunicipal pension system; and

(E) meets the qualifications established by the pension board underSubsection (j-1) of this section; and

(6) two registered investment advisors.(c-1) To serve as a trustee under Subsection (c)(1) of this section, the person

must be appointed by the mayor.(c-2) To serve as a trustee under Subsection (c)(2) of this section, the person

must be a fellow of the Society of Actuaries who is appointed by the pensionreview committee of the city council or, if a pension review committee does notexist, by a vote of a majority of the members of the city council. The trustee whois appointed under this subsection shall:


(1) submit quarterly reports to the pension review committee of the citycouncil or, if a pension review committee does not exist, to the city council; or

(2) meet quarterly with the pension review committee of the citycouncil or, if a pension review committee does not exist, with the city council.

(c-3) The trustee appointed under Subsection (c)(2) of this section may beremoved at any time by a vote of a majority of the city council. A vacancycaused by the trustee ’s death, resignation, or removal shall be filled by the citycouncil. The appointee serves for the remainder of the unexpired term of thereplaced trustee. The trustee appointed to fill the remainder of the term may notserve beyond the expiration of the three-year term unless the trustee is appointedfor a new term by the pension review committee of the city council or, if apension review committee does not exist, by a vote of a majority of the membersof the city council.

(d) To serve as a trustee under Subsection (c)(3) of this section, a personmust be a member with at least five years of credited service and be elected bythe active members of the pension system at an election called by the pensionboard. The [No more than two of the] employee trustees may not be employeesof the same department.

(e) A person elected as an employee trustee under Subsection (d) of thissection who retires during the trustee ’s term shall remain in office until theexpiration of the term. [Persons elected as employee trustees serve staggered fouryear terms, with the terms of two of the trustees expiring in each even numberedyear. Each employee trustee shall continue to serve until a successor is qualified.]

(h) To serve as a trustee under Subsection (c)(6) of this section, the personmust be appointed by the pension review committee of the city council or, if apension review committee does not exist, by a vote of a majority of the membersof the city council. A trustee who is appointed under this subsection shall:

(1) submit quarterly reports to the pension review committee of the citycouncil or, if a pension review committee does not exist, to the city council; or

(2) meet quarterly with the pension review committee of the citycouncil or, if a pension review committee does not exist, with the city council.

(h-1) A trustee appointed under Subsection (c)(6) of this section may beremoved at any time by a vote of a majority of the city council. A vacancycaused by the trustee ’s death, resignation, or removal shall be filled by the citycouncil. The appointee serves for the remainder of the unexpired term of thereplaced trustee. The trustee appointed to fill the remainder of the term may notserve beyond the expiration of the three-year term unless the trustee is appointedfor a new term by the pension review committee of the city council or, if apension review committee does not exist, by a vote of a majority of the membersof the city council. [Persons elected as retiree trustees serve four year staggeredterms, with the term of one trustee expiring in each even numbered year.]

(j) To serve as a trustee under Subsection (c)(5) of this section, the personmust be appointed by a vote of a majority of the elected trustees of the pensionboard. [The trustee appointed under Subsection (c)(5) of this section serves a twoyear term. The appointment or reappointment of the appointed trustee shall takeplace in January of each even numbered year.] The appointed trustee may be


removed at any time by a vote of a majority of the elected trustees of the pensionboard. A vacancy caused by the appointed trustee ’s death, resignation, orremoval shall be filled by the elected trustees of the pension board. Theappointee serves for the remainder of the unexpired term of the replaced trustee.An appointed trustee may not serve beyond the expiration of the three-year [twoyear] term other than by appointment for a new term by the elected trustees of thepension board.

(j-1) The pension board shall adopt a rule requiring a trustee appointedunder Subsection (c)(5) of this section to have an adequate background infinance.

(n) The pension board shall appoint, by a vote of a majority of the trusteesof the pension board, a [The] person serving as a trustee under Subsection (c)(6)[(c)(2)] of this section to serve [serves] as the treasurer of the pension fund. Thepension board shall require the treasurer to file an [under penalty of that person ’s]official bond payable to the pension board. The treasurer is liable on thetreasurer ’s official bond for the faithful performance of the treasurer ’s dutiesunder this Act in connection with the pension fund [and oath of office. Thatperson ’s official bond to the city shall cover the person ’s position as treasurer ofthe pension fund, and that person ’s sureties are liable for the treasurer ’s actionspertaining to the pension fund to the same extent as the sureties are liable underthe terms of the bond for other actions and conduct of the treasurer].

(n-1) Trustees serve staggered three-year terms. On January 1 of each year,the appropriate number of trustees shall be appointed or elected. A trustee maynot serve more than four consecutive terms.

(p) In each odd-numbered year, the pension board shall elect from theelected trustees a chair, vice chair, and secretary. The chair may not serve in thatcapacity more than two consecutive terms.

SECTION __. (a) The term of office for any person serving as a trustee ofthe pension board under Chapter 88, Acts of the 77th Legislature, RegularSession, 2001 (Article 6243h, Vernon ’s Texas Civil Statutes), as of December 31,2005, expires on January 1, 2006. The pension board and the city council shallappoint trustees and the pension board shall hold an election as required bySection 2, Chapter 88, Acts of the 77th Legislature, Regular Session, 2001(Article 6243h, Vernon ’s Texas Civil Statutes), as amended by this Act, as soonas practicable after January 1, 2006.

(b) Trustees who are elected or appointed on January 1, 2006, under Section2, Chapter 88, Acts of the 77th Legislature, Regular Session, 2001 (Article6243h, Vernon ’s Texas Civil Statutes), as amended by this Act, shall draw lots todetermine three trustees to serve terms expiring January 1, 2007, three trustees toserve terms expiring January 1, 2008, and three trustees to serve terms expiringJanuary 1, 2009.



CSHB 2866, as amended, was passed to engrossment by (Record 613): 98Yeas, 37 Nays, 3 Present, not voting.


Yeas — Allen, R.; Alonzo; Anchia; Bailey; Baxter; Berman; Blake; Bohac;Bonnen; Brown, B.; Brown, F.; Burnam; Campbell; Casteel; Castro; Chavez;Coleman; Cook, B.; Cook, R.; Davis, Y.; Dawson; Deshotel; Driver; Dukes;Dunnam; Dutton; Edwards; Eissler; Escobar; Farabee; Farrar; Flores; Flynn;Frost; Gallego; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby;Griggs; Guillen; Hamilton; Hamric; Hardcastle; Herrero; Hochberg; Homer;Hope; Hopson; Hughes; Hupp; Isett; Jones, D.; Jones, J.; Keel; King, P.; Krusee;Kuempel; Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon;McReynolds; Menendez; Merritt; Moreno, P.; Morrison; Naishtat; Nixon;Noriega, M.; Oliveira; Olivo; Otto; Pickett; Puente; Quintanilla; Raymond;Reyna; Ritter; Rodriguez; Rose; Smithee; Solis; Strama; Swinford; Talton;Taylor; Thompson; Turner; Uresti; Veasey; Villarreal; Vo; Wong; Woolley.

Nays — Callegari; Chisum; Crabb; Davis, J.; Delisi; Denny; Elkins; Gattis;Grusendorf; Haggerty; Hegar; Hilderbran; Hill; Howard; Hunter; Jackson; Keffer,B.; Keffer, J.; King, T.; Kolkhorst; Laubenberg; Madden; McCall; Miller;Mowery; Orr; Paxton; Riddle; Seaman; Smith, T.; Smith, W.; Solomons; Straus;Truitt; Van Arsdale; West; Zedler.

Present, not voting — Mr. Speaker; Crownover; Harper-Brown(C).


Absent — Allen, A.; Anderson; Eiland; Goodman; Hartnett; Phillips; Pitts.

STATEMENT OF VOTE

When Record No. 613 was taken, my vote failed to register. I would havevoted no.

Anderson

HB 2915 ON SECOND READING(by Puente)

HB 2915, A bill to be entitled An Act relating to the designation of riverbasins by the Texas Water Development Board.

Amendment No. 1

Representative Morrison offered the following amendment to HBi2915:

Amend HB 2915 by striking all below the enacting clause and substitutingthe following:

SECTION 1. Section 11.085(p), Water Code, is amended as follows:(1) A river basin may not be redesignated in order to allow a transfer or

diversion of water otherwise in violation of this section. However, this sectiondoes not prevent the Board from redesignating a river basin as part of anotherriver basin based on scientific or hydrologic evidence the Board finds supportsthe redesignation if the confluence of the two basins is upstream of the receivingbay and estuary system, whether or not the redesignation facilitates a transfer ordiversion of water. If the Board combines two river basins under this subsection,any transfer of water between the basins that are combined shall be evaluated as anew appropriation for purposes of determining appropriate conditions to protect


the environment. If the Board combines two river basins under this subsection,

any transfer of water between the basins that is facilitated by the combination ofthe basins shall be junior to all water rights granted before the application for

transfer is accepted for filing if the project for which the transfer is soughtincludes the pumping and transport of groundwater between the two river basins

as the river basins were constituted on January 1, 2005 unless the water is

pumped from within a groundwater conservation district or if there is nogroundwater conservation district where the water is pumped, in compliance with

the most stringent spacing and production rules of groundwater conservation

districts in contiguous counties.SECTION 2. This Act takes effect immediately if it receives a vote of

two-thirds of all the members elected to each house, as provided by Section 39,

Article III, Texas Constitution. If this Act does not receive the vote necessary forimmediate effect, this Act takes effect September 1, 2005.

Representative Puente moved to table Amendment No. 1.


The motion to table was lost by (Record 614): 52 Yeas, 75 Nays, 4 Present,

not voting.

Yeas — Allen, A.; Casteel; Castro; Chavez; Crabb; Denny; Driver; Dukes;

Dutton; Edwards; Elkins; Escobar; Farrar; Flores; Frost; Gallego; Geren;Goodman; Grusendorf; Herrero; Hilderbran; Hill; Hope; Hughes; King, T.;

Krusee; Kuempel; Laney; Leibowitz; Luna; Martinez; McClendon; Menendez;

Merritt; Miller; Moreno, P.; Mowery; Orr; Pickett; Puente; Raymond; Smith, T.;Smith, W.; Solis; Straus; Thompson; Truitt; Turner; Uresti; Villarreal; Vo; West.

Nays — Allen, R.; Anchia; Anderson; Baxter; Berman; Blake; Bohac;

Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Coleman; Cook,B.; Cook, R.; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Dunnam; Eiland;

Eissler; Farabee; Flynn; Gattis; Gonzales; Griggs; Haggerty; Hamilton; Hamric;

Hardcastle; Hartnett; Hegar; Homer; Hopson; Howard; Hunter; Hupp; Isett;Jackson; Jones, D.; Keel; Keffer, B.; King, P.; Kolkhorst; Laubenberg; Madden;

McCall; McReynolds; Morrison; Naishtat; Nixon; Noriega, M.; Oliveira; Otto;

Paxton; Phillips; Quintanilla; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman;Smithee; Strama; Swinford; Talton; Taylor; Van Arsdale; Wong; Woolley; Zedler.

Present, not voting — Mr. Speaker; Giddings; Harper-Brown(C); Veasey.


Absent — Alonzo; Bailey; Chisum; Deshotel; Gonzalez Toureilles;

Goolsby; Guillen; Hochberg; Jones, J.; Keffer, J.; Martinez Fischer; Olivo; Pitts;

Solomons.

STATEMENTS OF VOTE


Callegari


When Record No. 614 was taken, my vote failed to register. I would havevoted no.

Gonzalez Toureilles


Guillen


Hughes




The vote of the house was taken on passage to engrossment of HB 2915 andthe vote was announced yeas 66, nays 71.



Yeas — Allen, A.; Alonzo; Anchia; Bailey; Callegari; Casteel; Castro;Chavez; Driver; Dutton; Edwards; Elkins; Escobar; Farrar; Flores; Gallego;Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Griggs; Grusendorf;Guillen; Hartnett; Herrero; Hilderbran; Hill; Hochberg; Hughes; Jones, J.; King,T.; Krusee; Kuempel; Leibowitz; Martinez; Martinez Fischer; McClendon;Menendez; Merritt; Miller; Mowery; Oliveira; Olivo; Pickett; Puente;Quintanilla; Raymond; Reyna; Rodriguez; Smith, T.; Solis; Solomons; Strama;Straus; Talton; Thompson; Truitt; Turner; Uresti; Villarreal; Vo; Wong; Woolley;Zedler.

Nays — Allen, R.; Anderson; Baxter; Blake; Bohac; Bonnen; Brown, B.;Brown, F.; Burnam; Campbell; Chisum; Coleman; Cook, B.; Cook, R.;Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Dunnam; Eiland;Eissler; Farabee; Flynn; Frost; Gattis; Haggerty; Hamilton; Hamric; Hardcastle;Harper-Brown; Hegar; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett;Jackson; Jones, D.; Keel; Keffer, B.; King, P.; Kolkhorst; Laney; Laubenberg;Madden; McCall; McReynolds; Morrison; Naishtat; Nixon; Noriega, M.; Orr;Otto; Paxton; Phillips; Riddle; Ritter; Rose; Seaman; Smith, W.; Smithee;Swinford; Taylor; Van Arsdale; Veasey; West.



Absent — Berman; Crabb; Deshotel; Dukes; Goolsby; Keffer, J.; Luna;Moreno, P.; Pitts.

The speaker stated that HB 2915, as amended, failed to pass to engrossmentby the above vote.


STATEMENTS OF VOTE


Gonzalez Toureilles


Hughes

CSHB 3207 ON SECOND READING(by Zedler and Flynn)

CSHB 3207, A bill to be entitled An Act relating to increasing the penaltiesfor certain criminal offenses involving an election.

Amendment No. 1

Representative Taylor offered the following amendment to CSHBi3207:

Amend CSHB 3207 by adding the following appropriately numberedSECTIONS to the bill and renumbering subsequent SECTIONS of the billaccordingly:

SECTIONi____.iiSection 63.002, Election Code, is amended by amendingSubsections (a) and (c) and adding Subsection (d) to read as follows:

(a)iiA signature roster shall be maintained by an election officer at thepolling place. The top of each page of the signature roster shall contain thefollowing statement:

"I swear (or affirm) that I am eligible to vote in this election and that I havenot voted before in this election."

(c)iiIf the voter cannot sign the voter ’s name, an election officer shall enterthe voter ’s name with a notation of the reason for the voter ’s inability to sign theroster, and the voter shall make a mark next to the notation.

(d)iiA person commits an offense if the person signs or marks a signatureroster more than once in connection with a single election for the purpose ofvoting more than once in the election. An offense under this subsection is afelony of the third degree. If conduct that constitutes an offense under thissubsection also constitutes an offense under Section 37.02 or 37.10, Penal Code,the actor may be prosecuted only under this subsection.

SECTIONi____.iiSection 64.012, Election Code, is amended by addingSubsection (c) to read as follows:

(c)iiFor purposes of Subsection (a)(2), a person is presumed to haveknowingly voted or attempted to vote more than once in an election if the personhas signed or marked the signature roster more than once in an election.


CSHB 3207 - POINT OF ORDER

Representative Dunnam raised a point of order against further considerationof CSHB 3207 under Rule 4, Section 32(c)(2) of the House Rules on the groundsthat the bill analysis is inaccurate.

The point of order was withdrawn.


Representative Zedler moved to postpone consideration of CSHBi3207 until10 a.m. today, May 12.


HB 1829 ON SECOND READING(by Wong)

HB 1829, A bill to be entitled An Act relating to authorizing private orindependent institutions of higher education to charge fees for processing orhandling certain payments or payment transactions.


HBi1829 failed to pass to engrossment by (Record 616): 60 Yeas, 67 Nays,2 Present, not voting.

Yeas — Anderson; Bohac; Bonnen; Brown, B.; Brown, F.; Callegari;Campbell; Casteel; Crownover; Davis, J.; Dawson; Delisi; Denny; Eissler;Elkins; Flynn; Gattis; Geren; Grusendorf; Hamilton; Hamric; Hartnett; Hegar;Hill; Hope; Hopson; Hughes; Hunter; Hupp; Isett; Jackson; Jones, J.; Keel;Keffer, B.; King, P.; Kolkhorst; Kuempel; Madden; McCall; Miller; Morrison;Mowery; Nixon; Orr; Otto; Paxton; Pickett; Puente; Reyna; Riddle; Rose;Seaman; Smithee; Straus; Swinford; Talton; Van Arsdale; Wong; Woolley;Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Blake; Burnam; Castro;Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Davis, Y.; Driver; Dutton;Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Giddings; Gonzales;Gonzalez Toureilles; Goodman; Goolsby; Griggs; Guillen; Haggerty; Hardcastle;Harper-Brown; Herrero; Hochberg; Homer; Jones, D.; King, T.; Krusee; Laney;Laubenberg; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon;McReynolds; Menendez; Merritt; Naishtat; Noriega, M.; Oliveira; Olivo;Quintanilla; Raymond; Rodriguez; Smith, T.; Solis; Solomons; Strama;Thompson; Truitt; Turner; Uresti; Veasey; Villarreal; Vo; West.

Present, not voting — Mr. Speaker(C); Baxter.


Absent — Allen, R.; Berman; Crabb; Deshotel; Dukes; Dunnam; Edwards;Hilderbran; Howard; Keffer, J.; Moreno, P.; Phillips; Pitts; Ritter; Smith, W.;Taylor.

STATEMENTS OF VOTE

When Record No. 616 was taken, I was in the house but away from mydesk. I would have voted yes.

Edwards


Hilderbran



(by Zedler and Flynn)

CSHB 3208, A bill to be entitled An Act relating to the investigation of

certain criminal conduct in election matters.

Representative Zedler moved to postpone consideration of CSHBi3208 until

10 a.m. today, May 12.



The following member was granted leave of absence for the remainder of

today because of important business:

Berman on motion of Hupp.


(by Hopson)

CSHB 3048, A bill to be entitled An Act relating to insurance coverage for

certain structures.






(by Isett)

CSHB 3468, A bill to be entitled An Act relating to an intensive reading and

language intervention pilot program.




registering votes are as follows: Herrero and Leibowitz recorded voting no.)


(by Swinford)

HB 2716, A bill to be entitled An Act relating to equal employment

opportunity reports.

Amendment No. 1

Representative Swinford offered the following amendment to HBi2716:

Amend HB 2716 by adding the following appropriately numbered Section

to the bill and renumbering the subsequent Sections appropriately:

SECTION ___. Section 21.552(a), Labor Code, is amended to read as

follows:


(a) Not later than November 1 [the seventh day] of each [calendar] year,

[excluding legal holidays and weekends,] each state agency shall report equal

employment opportunity information for the preceding fiscal [calendar] year to

the commission as required by this subchapter. The report must be made in theform prescribed by the commission and include information compiled on a

monthly basis.


HB 2716, as amended, was passed to engrossment. (In accordance with

House Rule 5, Section 51(b), every member present must have favored passageof the measure, but any member may register their position with the journal clerk.



(by Howard)

CSHB 533, A bill to be entitled An Act relating to restrictions on theautomatic renewal of contracts.

Amendment No. 1

Representative Howard offered the following amendment to CSHBi533:


(1)iiOn page 1, strike lines 8-11 and substitute the following:

to the renewal of a contract if:

(1)iithe original contract term is for six months or more and the contractautomatically renews for a term of more than one month; or

(2)iithe price for goods or services under the contract as renewed is

different from the price of goods or services under the immediately preceding

contract term.

(2)iiOn page 2, line 4, between "(1)" and "clearly", insert "for a contract

described by Section 48.001(a)(1),".

(3)iiOn page 2, line 6, strike the comma and substitute the following:

:

(A)(4)iiOn page 2, line 7, between the semicolon and "and", insert the

following:

or

(B)iiin writing not later than the 60th day after the date the seller

enters into the contract with the consumer;

(5)iiOn page 2, strike lines 11-12 and substitute "the first day of the renewal

period.".

(6)iiOn page 3, line 10, strike "required by Section 48.003(a)(1)" and

substitute "under Section 48.003(a)(1), if required,".(7)iiOn page 4, line 1, between "canceled the" and "contract", insert "most

recent renewal of the".








(by P. King)

CSHB 1111, A bill to be entitled An Act relating to admission to

open-enrollment charter schools that specialize in performing arts.









(by Eiland)

CSHB 2941, A bill to be entitled An Act relating to compensation of

insurance agents.

Amendment No. 1

Representative Hochberg offered the following amendment to CSHBi2941:


(1) On page 3, between lines 22 and 23 of the bill, insert a new SECTION 3

to read as follows:

SECTION 3. (a) The Texas Department of Insurance shall conduct a study

regarding whether the commissions paid to insurance agents for sales of

insurance policies for coverage under the Texas Health Insurance Risk Pool

established under Chapter 1506, Insurance Code, are sufficient to ensure that

consumers who are eligible for coverage under that pool are made aware of the

existence of the pool and the benefits of purchasing insurance policies issued by

the pool

(b) The Texas Department of Insurance shall report the results of the study

to the Legislature not later than December 1, 2006.

(2) On page 3, line 23, strike "SECTION 3" and substitute "SECTION 4".







CSHB 1232 ON SECOND READING(by Castro)

CSHB 1232, A bill to be entitled An Act relating to the payment of certainexpenses of a public project financed by certificates of obligation.

CSHBi1232 was passed to engrossment. (In accordance with House Rule 5,Section 51(b), every member present must have favored passage of the measure,but any member may register their position with the journal clerk. No membersregistered their position on this measure.)

CSHB 1449 ON SECOND READING(by Dutton and Goodman)

CSHB 1449, A bill to be entitled An Act relating to suits affecting theparent-child relationship, including proceedings for the establishment,modification, and enforcement of child support; providing a civil penalty.

Representative Dutton moved to postpone consideration of CSHBi1449until 10 a.m. today, May 12.


HB 1603 ON SECOND READING(by Bonnen)

HB 1603, A bill to be entitled An Act relating to the authority of certainpolitical subdivisions to erect or maintain shore protection structures and thelocation of the line of vegetation in relation to those structures.

HB 1603 - POINT OF ORDER

Representative Burnam raised a point of order against further considerationof HB 1603 under Rule 8, Section 10(b) of the House Rules on the grounds thatthe bill is limited to one or more political subdivisions by means of artificialdevices.


The ruling precluded further consideration of HB 1603.

CSHB 1763 ON SECOND READING(by R. Cook and Hope)

CSHB 1763, A bill to be entitled An Act relating to the notice, hearing,rulemaking, and permitting procedures for groundwater conservation districts.


HB 1826 ON SECOND READING(by Grusendorf)

HB 1826, A bill to be entitled An Act relating to the use of school districtresources for the maintenance of real property not owned or leased by the district.


Amendment No. 1

Representative Gattis offered the following amendment to HBi1826:

Amend HB 1826 (House committee printing) on page 1, lines 5-11, bystriking SECTION 1 of the bill and substituting the following:

SECTION 1. Subchapter D, Chapter 11, Education Code, is amended by

adding Section 11.168 to read as follows:Sec. 11.168. USE OF DISTRICT RESOURCES PROHIBITED FOR

CERTAIN PURPOSES. (a) The board of trustees of a school district may notenter into an agreement authorizing the use of school district employees,

property, or resources for the design, construction, or renovation of improvementsto real property not owned or leased by the district.

(b) This section does not prohibit the board of trustees of a school district

from entering into an agreement with another governmental entity for theconstruction or renovation of improvements to real property if the improvementsare used:

(1) by the district for district purposes; or

(2) jointly by the district and the governmental entity for districtpurposes.


HB 1826, as amended, was passed to engrossment. (In accordance withHouse Rule 5, Section 51(b), every member present must have favored passageof the measure, but any member may register their position with the journal clerk.



(by Flores)

HB 1462, A bill to be entitled An Act relating to the referral by the TexasWater Development Board of certain persons to another state agency, office, or

division for investigation or enforcement action.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Geren, Representative Flores offered thefollowing committee amendment to HBi1462:

Amend HB 1462 by striking line 20 and substituting the following:

SECTIONi2.iiThis Act takes effect immediately if it receives a vote oftwo-thirds of all the members elected to each house, as provided by Section 39,Article III, Texas Constitution. If this Act does not receive the vote necessary forimmediate effect, this Act takes effect September 1, 2005.


HB 1462, as amended, was passed to engrossment. (In accordance withHouse Rule 5, Section 51(b), every member present must have favored passageof the measure, but any member may register their position with the journal clerk.No members registered their position on this measure.)



(by Giddings)

HB 1854, A bill to be entitled An Act relating to requiring debt collectors toprovide a copy of a dishonored check to certain consumers; providing a civilpenalty.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Taylor, Representative Giddings offered thefollowing committee amendment to HBi1854:

Amend HB 1854 as follows:(1) On page 2, line 1, between "shall" and "provide", insert ", on the

consumer ’s request,".(2) On page 2, lines 1 and 2, strike ", at the time of the initial contact,".(3) On page 2, line 3, between "transaction" and the period, insert "not later

than the 10th day after the date of the request".(4) On page 2, line 7, strike "each day the failure continues" and substitute

"each violation".


HB 1854, as amended, was passed to engrossment. (In accordance withHouse Rule 5, Section 51(b), every member present must have favored passageof the measure, but any member may register their position with the journal clerk.No members registered their position on this measure.)


(by Puente)

CSHB 2492, A bill to be entitled An Act relating to the authority of certainpersons to bring suit to require an appraisal district or appraisal review board to

comply with applicable law.



(by Geren)

CSHB 2639, A bill to be entitled An Act relating to the powers and duties ofthe Tarrant Regional Water District.

Amendment No. 1

Representative Geren offered the following amendment to CSHBi2639:

Amend CSHB 2639 as follows:(1)iiOn page 3, strike lines 19-21 and substitute the following:(e)iiAn economic development program must be within the boundaries of

the district.


(2)iiOn page 4, between lines 24 and 25, insert a new Subsection (b) to read

as follows and reletter existing Subsection (b) and subsequent subsections

appropriately:

(b)iiA nonprofit corporation created under Subsection (a) shall:

(1)iiestablish and maintain the principal office of the corporation inside

the boundaries of the district; and

(2)iiexercise the corporation ’s powers relating to real property or

tangible personal property only inside the boundaries of the district.







(by Guillen, M. Noriega, Martinez, and Leibowitz)

CSHB 211, A bill to be entitled An Act relating to the effect that certain

orders relating to family violence and certain decisions regarding military service

have on residential leases.






(by Corte and Baxter)

CSHB 2339, A bill to be entitled An Act relating to the provision of mail

ballots to overseas voters and to conforming adjustments to related dates,

deadlines, and procedures.






(Seaman - House Sponsor)

SB 454, A bill to be entitled An Act relating to commercial shrimp boat

licenses and to the creation of a gulf shrimp license moratorium program.


SBi454 was passed to third reading. (In accordance with House Rule 5,






Representative Seaman moved to lay HBi886 on the table subject to call.


SB 272 ON SECOND READING(Seaman - House Sponsor)

SB 272, A bill to be entitled An Act relating to the creation of an oysterlicense moratorium program.


SBi272 was passed to third reading. (In accordance with House Rule 5,Section 51(b), every member present must have favored passage of the measure,but any member may register their position with the journal clerk. No membersregistered their position on this measure.)


Representative Seaman moved to lay HBi884 on the table subject to call.


FIVE DAY POSTING RULE SUSPENDED

Representative Campbell moved to suspend the five day posting rule toallow the Committee on Defense Affairs and State-Federal Relations to considerHCR 121 and HCR 144 at 8 a.m., May 12, in E2.010.


Representative Delisi moved to suspend the five day posting rule to allowthe Committee on Public Health to consider previously posted agenda fromMayi11, upon adjournment May 13, in E2.036.


Representative Hartnett moved to suspend the five day posting rule to allowthe Committee on Judiciary to consider SB 978 and SB 1597.


Representative Puente moved to suspend the five day posting rule to allowthe Committee on Natural Resources to consider HB 3590 at the scheduledmeeting May 16, at 2 p.m. or upon adjournment, in E2.014.




Defense Affairs and State-Federal Relations, 8 a.m. today, May 12, E2.010,for a public hearing, to consider HCR 121, HCR 144, and pending business.

Juvenile Justice and Family Issues is cancelled.

Public Health, upon adjournment May 13, E2.036, for a public hearing, toconsider previously posted agenda items.


County Affairs is cancelled.

Judiciary, 2 p.m. or upon adjournment May 16, E2.028, for a public hearing,to consider SB 978 and SB 1597.

Land and Resource Management, 9:45 a.m. today, May 12, Desk 74, for aformal meeting, to consider SB 592, SB 740, and SB 1659.

Pensions and Investments is cancelled.

CORRECTIONS IN REFERRAL

Pursuant to Rule 1, Section 4 of the House Rules, the chair at this timecorrected the referral of measures to committees. (See the addendum to the dailyjournal, Referred to Committees, List No. 1.)

ADJOURNMENT

Representative Crownover moved that the house adjourn until 10 a.m. today,May 12.


The house accordingly, at 1:13 a.m., adjourned until 10 a.m. today, May 12.

AAAAAADDENDUMAAAAA

REFERRED TO COMMITTEES

The following bills and joint resolutions were today laid before the house,read first time, and referred to committees, and the following resolutions weretoday laid before the house and referred to committees. If indicated, the chairtoday corrected the referral of the following measures:

List No. 1

Pursuant to Rule 1, Section 4 of the House Rules, the chair corrects thereferral of the following bills and resolutions:

SB 1455 to Culture, Recreation, and Tourism.

SIGNED BY THE SPEAKER

The following bills and resolutions were today signed in the presence of thehouse by the speaker:

House List No. 40

HCRi185

Senate List No. 18

SBi286, SBi489, SBi599, SBi728, SBi1211, SBi1224, SBi1428

MESSAGES FROM THE SENATE

The following messages from the senate were today received by the house:


Message No. 1

MESSAGE FROM THE SENATESENATE CHAMBER

Austin, TexasWednesday, May 11, 2005 - 2

The Honorable Speaker of the HouseHouse ChamberAustin, Texas

Mr. Speaker:

I am directed by the senate to inform the house that the senate has taken thefollowing action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

HCR 2 Craddick SPONSOR: SeligerIn memory of U.S. Army Sergeant Brian Baker.

HCR 173 Pena SPONSOR: HinojosaRecognizing Edwards Abstract and Title Company of Hidalgo County on thecompany ’s 125th anniversary.Respectfully,Patsy SpawSecretary of the Senate

Message No. 2


Austin, TexasWednesday, May 11, 2005 - 3


Mr. Speaker:



HB 3 Keffer, Jim SPONSOR: OgdenRelating to financing public schools in this state and reducing school propertytaxes.(COMMITTEE SUBSTITUTE/AMENDED)

HB 1239 Hodge SPONSOR: HinojosaRelating to the implementation of unified drug enforcement strategies.(AMENDED)


HCR 120 Chavez SPONSOR: ShapleighHonoring Louis, Ben, Bill, and Rick Bolanos for their valiant service in this

country ’s behalf.

THE SENATE HAS CONCURRED IN HOUSE AMENDMENTS TO THE

FOLLOWING MEASURES:

SB 220 (31 Yeas, 0 Nays)

SB 879 (30 Yeas, 1 Nay)

Respectfully,

Patsy Spaw

Secretary of the Senate

Message No. 3


SENATE CHAMBER

Austin, Texas

Wednesday, May 11, 2005 - 4

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the senate to inform the house that the senate has taken the

following action:


SB 107 EstesRelating to prohibitions on engaging in conduct related to the manufacture of

methamphetamine and to the regulation and wholesale distribution of certain

chemical substances; providing penalties.

SB 112 Van de PutteRelating to the civil and criminal consequences of engaging in certain conduct

related to the manufacture of methamphetamine and to the distribution and retail

sales of pseudoephedrine.

SB 724 LucioRelating to the appraisal for ad valorem tax purposes of certain property used to

provide low-income or moderate-income housing.

SB 1458 WentworthRelating to the adoption of a uniform commercial building code for use in the

state.

Respectfully,

Patsy Spaw

Secretary of the Senate


Message No. 4


Austin, TexasThursday, May 12, 2005 - 1


Mr. Speaker:



HB 2 Grusendorf SPONSOR: ShapiroRelating to public education, public school finance matters, and the imposition ofa state ad valorem tax; imposing criminal penalties.(COMMITTEE SUBSTITUTE/AMENDED)

Respectfully,Patsy SpawSecretary of the Senate

AAAAAAPPENDIXAAAAA

STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

May 10

County Affairs - SBi736, SBi792, SBi1302, SBi1436, SBi1677, SBi1754

Culture, Recreation, and Tourism - SBi272, SBi454

Judiciary - HBi1477, HBi3557

Juvenile Justice and Family Issues - HBi1082

Land and Resource Management - SBi517, SBi1273

Licensing and Administrative Procedures - HBi193, HBi2149, HBi2888

Natural Resources - HBi1518, HBi2425, HBi2541, HBi2542, HBi3482,HBi3539, HBi3569, HBi3578, HBi3579, HBi3580, HBi3584, SBi1537

Regulated Industries - SBi171, SBi1464, SBi1494, SBi1495

Urban Affairs - HBi3554, HBi3558


ENGROSSED

May 10 - HBi26, HBi43, HBi62, HBi107, HBi192, HBi281, HBi506,HBi541, HBi584, HBi608, HBi647, HBi659, HBi669, HBi686, HBi692,HBi719, HBi812, HBi813, HBi833, HBi863, HBi888, HBi934, HBi949,HBi967, HBi1012, HBi1023, HBi1054, HBi1055, HBi1079, HBi1137,HBi1140, HBi1141, HBi1165, HBi1181, HBi1209, HBi1283, HBi1346,HBi1353, HBi1382, HBi1413, HBi1467, HBi1571, HBi1575, HBi1610,HBi1631, HBi1634, HBi1682, HBi1687, HBi1733, HBi1741, HBi1773,HBi1789, HBi1799, HBi1812, HBi1863, HBi1870, HBi1884, HBi1900,HBi1918, HBi1925, HBi1934, HBi1945, HBi1977, HBi1984, HBi1999,HBi2000, HBi2011, HBi2036, HBi2041, HBi2048, HBi2059, HBi2079,HBi2080, HBi2100, HBi2120, HBi2154, HBi2158, HBi2280, HBi2289,HBi2301, HBi2304, HBi2337, HBi2344, HBi2378, HBi2381, HBi2408,HBi2422, HBi2451, HBi2454, HBi2458, HBi2465, HBi2473, HBi2476,HBi2495, HBi2507, HBi2509, HBi2526, HBi2531, HBi2544, HBi2560,HBi2569, HBi2589, HBi2590, HBi2594, HBi2613, HBi2627, HBi2636,HBi2644, HBi2647, HBi2652, HBi2667, HBi2678, HBi2694, HBi2695,HBi2704, HBi2755, HBi2759, HBi2772, HBi2783, HBi2796, HBi2823,HBi2826, HBi2856, HBi2864, HBi2883, HBi2931, HBi2955, HBi2977,HBi3015, HBi3041, HBi3114, HBi3116, HBi3118, HBi3129, HBi3144,HBi3147, HBi3162, HBi3164, HBi3195, HBi3200, HBi3269, HBi3285,HBi3315, HBi3384, HBi3434, HBi3460, HBi3461, HBi3473, HBi3476,HBi3490, HBi3519, HBi3528, HBi3541, HBi3547, HBi3570, HBi3573,HCRi49, HCRi124, HCRi132, HJRi65, HJRi89

SENT TO THE GOVERNOR

May 10 - HBi231, HBi593, HBi597, HBi801, HBi802, HBi885, HBi918,HBi965, HBi1286, HBi1393, HBi2761, HBi2870, HBi2872, HBi2913

SIGNED BY THE GOVERNOR

May 10 - HBi2307


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